What is the case law on value received and value survived?
British Columbia, Canada
The following excerpt is from Wilson v. Fotsch, 2010 BCCA 226 (CanLII):
However, the trial judge rejected the value received approach in favour of a value survived approach based on her reading of Justice Cory’s reasons in Peter, as discussed in Pegler v. Avio, 2008 BCSC 128. While I consider she erred in determining the appropriate proportion on her findings of fact, as I indicated earlier, I see no error in her choice of approach to quantification of the remedy.
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