Does a tortfeasor have to pay out of pocket damages to a plaintiff based on uncertainties in the calculation of damages?
Ontario, Canada
The following excerpt is from 614128 Ontario Ltd. o/a Trisan Construction v Epstein, 2017 ONSC 4417 (CanLII):
It is not uncommon for the amount of a plaintiff’s loss to depend on uncertainties. It has often been said that the difficulty of determining damages does not excuse a tortfeasor from paying damages: see, for instance, Wilson v. Rowswell, 1970 CanLII 18 (SCC), [1970] S.C.R. 865.
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