In what circumstances will the court allow a plaintiff to seek damages for undifferentiated damages?
Ontario, Canada
The following excerpt is from Murphy v. National Bank of Canada, 2012 ONSC 1360 (CanLII):
Experience over the years has alerted me to the dangers of bending rules over and over to accommodate claims for extravagant undifferentiated damages on the basis that there was unfair treatment in relation to a prior litigation before the court. Boswell J. in Roskam v. Jacoby-Hawkins commented:
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