What is the principle of approbation and reprobation in the context of a claim for damages in a personal injury case?
Ontario, Canada
The following excerpt is from Angelini v. Angelini, 2008 CanLII 151 (ON SC):
The principle of approbation and reprobation was articulated in the case of Enquist v. Hass, 1979 CarswellBC 288 (B.C.S.C.): The first [principle] is that of approbation and reprobation, which holds that once a person has received benefits from a course of conduct he may not pursue later an inconsistent course of conduct. Generally, it applies to the alternative remedies such as the acceptance of payment of an award in damages and then the filing of a notice of appeal. Such a person is not permitted “to blow hot and then cold”: see 16 Hals. (4th) 1012, para. 1507.
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