It was next argued that the damages awarded to the plaintiff Pallu Paramuschuk for the year 1960 were premature because the writ was not issued until March 3, 1960, and the authority cited was Simmons v. Foster, 1955 CanLII 49 (SCC), [1955] 2 D.L.R. 433 at p. 445, [1955] S.C.R. 324 at p. 329, where Estey, J., said: It, therefore, follows that the appellant had not suffered damage because of the obstruction at the time that it asserted its cause of action by the issue of the writ. Its action, therefore, cannot succeed….
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