What is the test for assessing damages in a personal injury action for breach of contract?
Ontario, Canada
The following excerpt is from Oshawa Group Ltd. v. Mason Homes Ltd., 2005 CanLII 36443 (ON CA):
In our view, the trial judge properly exercised his discretion in considering information available at the date of trial to assess damages. While generally damages are assessed without reference to events occurring after the date of breach, exceptions have been recognized to arrive at a fair assessment of damages. See Laurentide Motels v. Beauport City, 1989 CanLII 81 (SCC), [1989] 1 S.C.R. 705 at 829. The trial judge gave cogent reasons for exercising his discretion to use available relevant information in the assessment of damages. We see no reason to interfere with that exercise of discretion. 6. Damages
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