4.2 - Causal Relationship Between the fault and the Injury or Damage

Question 1

Injury or Damage Suffered

Answer 1

-the plaintiff must prove their injury.
-Damages allowed include:
> bodily injury
> material damage (property damage)
> moral prejudice

-in the context of extra-contractual liability, ‘moral prejudice’ refers to such things as non-economic damages like pain and suffering, loss of consortium, and other less tangible items
-an ‘extra-contractual prejudice’ is the more inclusive term that refers to injury or consequence of a wrongful act

Question 2

Causation

Answer 2

-a plaintiff can only collect damages from a defendant if the plaintiff can show the court that the defendant’s breach of duty was in fact what caused the damages being claimed
-the proximate cause rule applies: there must be evidence of an uninterrupted unfolding of events from the initial act to the conclusion, without the intervention of another main cause

Question 3

Damages

Answer 3

-the Civil Code of Quebec provides guidelines for litigants as to what damages can be claimed in cases of extra-contractual liability or contractual liability
-the “creditor” noted below is the same as a “claimant”

CCQ Article 1611:
»The damages due to the creditor compensate for the amount of the loss he has sustained and the profit of which he has been deprived.

Future injury which is certain and assessable is taken into account in awarding damages.»

CCQ Article 1612:
»The loss sustained by the owner of a trade secret includes the investment expenses incurred for its acquisition, perfection and use; the profit of which he is deprived may be compensated for through payment of royalties»

-a plaintiff can sue for bodily injury (bodily injury damages), material damage (property damages), or moral prejudice
-damages are expressed in monetary terms
-moral damages have been used to compensate ‘solatium doloris (the harm felt by a spouse or relative of a deceased party) and also to compensate the plaintiff in cases of nervous shock

Question 4

Charter of Human Rights and Freedoms (CHRF)

Answer 4

-several years ago, Quebec’s legislature enacted a Charter of Human Rights and Freedoms (CHRF), which overrides any other law enacted by the legislature
-the Charter is applicable to every citizen and guarantees certain civil rights, such as the right to personal security and freedom, freedom of expression, safeguarding of one’s reputation, peaceful enjoyment and free disposition of one’s property, and so on.
-a person who willfully interferes with one of these rights can be subject to punitive damages under Section 49 of the Charter:

CHRF Article 49:
»Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom. In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to punitive damages»