What is the test for damages for units damaged by contaminated diesel fuel?
Saskatchewan, Canada
The following excerpt is from Scheller v. C & M Holdings Inc., 1999 CanLII 12872 (SK QB):
I accept that the plaintiff suffered damage to these units from the contaminated diesel fuel. A measurement of that damage is, on the evidence, difficult to calculate. The problem is discussed in Waddams, The Law of Damages, 3d Ed. at chapter 13. At paragraph 13.30 the author comments, in part: "In Anglo-Canadian law ... the courts have consistently held that if the plaintiff establishes that a loss has probably been suffered, the difficulty of determining the amount of it can never excuse the wrongdoer from paying damages". Haack v. Martin, 1927 CanLII 57 (SCC), [1927] S.C.R. 413; [1927] 3 D.L.R. 19 and a number of other cases were cited. The author continues "If the amount is difficult to estimate, the tribunal must simply do its best on the material available...".
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