What is the test for damages for wrongful dismissal of a plaintiff in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Little Plume v. Weir, 1998 ABQB 523 (CanLII):
The general object of tort damages is to compensate for loss. The injured person is to be restored to the position he enjoyed prior to the injury. The aim is not to punish the tort-feasor, whose only wrongdoing may have been, as in this case, a moment's inattention. (Ratych v. Bloomer (1990), 1990 CanLII 97 (SCC), 69 D.L.R. (4th) 25 (S.C.C.)).
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