What is the test for calculating damages in an action of tort?
Saskatchewan, Canada
The following excerpt is from Trache v. Canadian Northern Railway Company, 1928 CanLII 154 (SK CA):
The decision in Phillips v. I. & S.W. Ry. (1879) 5 Q.B. D. 78, 49 L.J.Q.B. 233, is always referred to as one of the leading authorities in assessment of damages in actions of tort, and is authority for the proposition that a jury, in assessing damages in respect of the plaintiff’s money loss, should not attempt to arrive at a mathematically accurate compensation, but should give a fair and reasonable compensation, taking into consideration the amount of his income when the injury occurred, the length of time he has been deprived of that income, the probability of his having continued to earn it if he had not been injured, the prospect of his being able to earn anything in the future, and all the other circumstances of the case.
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