BOUNDARIES OF RECOVERY Flashcards
Loss of chance
Newspaper advertisement for competition for aspiring actresses to submit photos of themselves for publication – readers will make selection, will be further nominations – more entries than expected, terms of competition altered – plaintiff agrees to contractual alterations, goes far in competition – letter sent asking plaintiff to meet with defendant – letter does not reach plaintiff in time for the scheduled appointment, unable to see defendant who selects other nominees – plaintiff never given opportunity – entitled to damages? – Chaplin v Hicks p.822
Cost of completion vs difference in value
Owned tract of land, zoned as heavy industrial property – land was worth very little because of no development in the area – plaintiff owned plant on the land for excavation, screening of gravel – defendant owned similar plant nearby – both enter contract (7 year lease) where defendant would remove sand and gravel, leave the property “at a uniform grade… will use overburden for maintaining, establishing the uniform grade” – defendant breaches contract deliberately, only takes the very best gravel from the property, leaves the property in bad shape nowhere close to uniform grade – plaintiff sues – to complete the contract, would be 60K but if defendant just finished it instead of breaching, would only be 12K – plaintiff entitled to reasonable cost of having to do the work required by defendant not fulfilling contract? – Groves v John Wunder p.824
Contract to build home per specifications, specific price laid out by plaintiff – construction begins, plaintiff complains about major deviations to the specs – defendant decides that relationship with the customer has deteriorated so badly that no further work should continue until all issues resolved – issues never resolved – plaintiff takes possession of house, hires 3rd party to complete task – defendant sues for the work they did – plaintiff counter-sues for how much they had to pay to finish house – what is proper measure of plaintiff’s damages? – Nu-West Homes v Thunderbird Petroleums p.830
REMEDIES - General damages for mental distress
Receptionist becomes ill, diagnosed with chronic fatigue and fibromyalgia – under employment benefits, they are eligible to receive long-term disability 6 months after being found permanently disabled – to do this, person must fit within definition of “totally disabled” – plaintiff receives benefits, but employer begins to suspect they’re lying about condition, terminates benefits – is plaintiff entitled to aggravated and punitive damages? – Fidler v Sun Life Assurance p.833
Damages for intangible loss
Buys vacation from touring company – company enticed him with brochure promising many events during this vacation, ensuring they were all there – plaintiff goes on vacation, acting on reliance of brochure – vacation not at all what was advertised – sues for damages of mental distress, aggravation – what is value for damages that should be awarded to plaintiff? – can you sue for loss of enjoyment? – Jarvis v Swan Tours p.843
Aggravated and punitive damages
Wrongful dismissal, treated horribly by supervisor before firing – spends 7 months searching for work, only paid 1 month severance – can damages be awarded for non-economic losses in wrongful dismissal claims? Distinguishes between aggravated & punitive damages – Vorvis v Insurance Corp. of BC p.846
Placed on disability, later returns to work – put in disability program allowing employees to take absences from work if they provide a doctor’s note – employer grows frustrated with the number of absences, asks worker to meet with a doctor of their recommendation – worker refuses unless given explanation – employer gives ultimatum: ether see this one doctor or you’re fired – worker does not see doctor, fired, sues for wrongful dismissal – what type of damages are available? – Honda Canada v Keays p.854
Employee develops scheme to take most of the workers, client information of company and move to the rival company – plaintiff loses significant money due to the significant hollowing out of their business – was lost profit too remote to be recoverable? – do employees have to act in good faith while performing their contracts? – do employees have to have the best interests of their employers in mind? – RBC Dominion Securities v Merrill Lynch Canada p.806
Buys home – fire breaks out in home in middle of January – minus-18 degrees – suffers frostbite after giving slippers to daughter – hospitalized, confined to wheelchair – home completely destroyed – rents a small house, insurance makes a single payment for living expenses, covers rest for a few months, before insurance cuts off rent without any warning to family – insurance uses hostile, confrontational policy which forces plaintiff to settle claim significantly lower than fair value – can plaintiff claim punitive damages? – is breach of an insurer’s duty to act in good faith an actionable wrong independent of the loss claimed under fire insurance policy? – Whiten v Pilot Insurance p.869
