Does the doctrine of contributory negligence preclude damages in tort?
Ontario, Canada
The following excerpt is from Belton v. Spencer, 2021 ONSC 2029 (CanLII):
Generally, the doctrine does not preclude an award of damages in tort because such awards tend to compensate the plaintiff rather than amount to a profit. All claims for compensation damages by the plaintiff injured by the defendant can be reduced to the extent of his own contributory negligence but cannot be wholly denied by reason of his disreputable or criminal conduct. Hall v. Hebert, at pp. 169, 180 and 186; British Columbia v. Zastowny, 2008 SCC 4 at p. 37.
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