Is a plaintiff entitled to general damages where passing off has been established?
Saskatchewan, Canada
The following excerpt is from Saskatoon Star Phoenix Group Inc. v. Noton, 2001 SKQB 153 (CanLII):
Goddard L.J. in Draper v. Trist, supra, made the point at p. 527 that where the law presumes damage to the plaintiff, it is for the jury to determine what is fair and proper compensation to the plaintiff, without being limited to questions of what in truth are special damages (namely actual proven monetary loss). He rejected the argument that where a passing off has been established that the plaintiff is limited to nominal damages unless that plaintiff can prove actual monetary loss. He went on to point out that: . . .once one has established passing off, there is injury to goodwill, and this court or the jury must assess, by the best means they can, what is a fair and temperate sum to give to the plaintiff for that injury. . .
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