What are the principles used by courts to determine damages in a tort action?
British Columbia, Canada
The following excerpt is from Lomax v. Weins, 2004 BCSC 1051 (CanLII):
In Townsend v. Kroppmanns, 2004 SCC 10, Deschamps J., on behalf of a unanimous court, referred to three principles in fixing an award of damages in a tort action. At ¶18 she summarized these principles as follows: (a) first, the principle that damages are assessed and not calculated; (b) second, the principle of finality, to which courts award a one-time lump sum of damages; and, (c) third, the principle that the plaintiff has property over the award.
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