What is the test for determining the quantum of damages in a construction contract?

Ontario, Canada


The following excerpt is from 9071-5392 Quebec inc. (Construction Phoenix) v. Katsoulis, 2007 CanLII 23025 (ON SC):

The case before me does not involve contingencies, which render the assessment of damages imprecise and speculative, as was the case in the Penvidic Contracting and Chaplin v. Hicks, supra, cases. In this case, I am not dealing with a situation where it was impossible to calculate damages accurately due to the nature of the damages or the conduct giving rise to such losses, but rather the parties have both decided not to introduce any business records including any invoices, any receipts for payments made, any copies of any cheques given, or to obtain any opinion from a qualified expert on the value of the work completed, the value of the additional work performed under the oral agreement, to establish the cost to complete unfinished work, to specify and establish the cost to correct deficiencies, to introduce any financial statements, any monthly income and expense statements for the restaurant, or to introduce any opinion evidence on the loss of profits caused the defendant due to the delay in completing the construction.

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