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The court found a solicitor negligent for advising that a valid easement supported access to a vacation property, and held the plaintiff’s mitigation steps were reasonable.
The appeal is allowed in part: the trial judgment is upheld except that the quantum of damages must be reduced by $1,310,000 to reflect purchaser deposits and the judgment must be amended to reflect the correct pre- and post-judgment interest; costs are awarded to the Receiver as fixed.
Source excerpt
The court dismissed a mistrial motion, holding there was no inconsistency in a jury awarding $0 for past income loss while awarding future earning capacity and care damages.
The Federal Court dismissed both judicial review applications, struck inadmissible affidavit passages and unauthenticated exhibits, denied leave to amend, and upheld the Adjudicator’s quantum redetermination.
The court awarded damages to a young plaintiff injured in a rear-end collision, accepting chronic back, knee, and neck injuries and assessing loss of earning capacity and future care.
Motor vehicle personal injury trial awarding damages for chronic pain, headaches, depression, lost earning capacity, household loss, and future care.
Adjudicator accepted the claimant's evidence as more credible, found the defendant performed incomplete and defective work and abandoned the project, calculated the monetary value of materials and usable labour ($14,500), determined claimant overpaid by $7,600, allowed remediation costs reduced to $9,000, awarded simple interest on the overpayment and nominal general damages, and ordered costs to be proven; these findings and apportionments formed the basis for judgment.
Source excerpt
The court found the left-turning defendant liable for the first collision, apportioned fault equally for the second, and awarded Mr. Maher $400,500 in damages.
Summary trial over damages for breach of a property purchase contract. The court found Tolamika unreasonably refused a bona fide July 2022 offer and failed to mitigate.
The court found the defendant 100% liable after a cyclist braked to avoid a left-turning car and fell. The plaintiff received non-pecuniary and special damages.
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