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Valuation of damages
Valuation of damages
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Are Canada Pension Plan (“CPP”) disability benefits deductible from an award of damages in tort (that does not involve motor vehicle accident insurance)?
Are employment insurance or social assistance benefits deductible from an award of damages?
Are private pension benefits paid by an employer deductible from a tort award for damages for loss of income under the Bill 59 regime regarding automobile accident benefits?
Are short and long term disability benefits deductible from personal injury damage awards? If so, is there any requirement that the employee had paid for these benefits, and how is payment defined in these circumstances?
Are short and long term disability benefits deductible from personal injury damage awards? If so, is there any requirement that the employee paid for these benefits and how is payment defined in these circumstances?
Can Accident Benefits paid out to an insured be deducted from a tort award?
How have American courts applied the pro tanto rule in preventing double recovery by the plaintiff?
How have deductions of benefits under s. 83 of the Insurance (Vehicle) Act been treated judicially?
If an insured is eligible to receive benefits (i.e., income replacements benefits) under the Statutory Accident Benefits Schedule — Effective September 1, 2010 (“SABS”) and chooses not to claim them, should the amount of the benefit that is available to her be deducted from the damages award?
In the context of a class proceeding by property owners with respect to faulty concrete foundations, if the damages are limited to the fair market value of the properties, what would that fair market value be?
My client has been injured in a motor vehicle accident and is insured with the ICBC but also wants to bring a tort claim against the at fault motorist. What factors will a court consider in estimating s. 83 deductions?
Respecting deduction of damages from tort awards involving automobile accidents, will an Ontario court look beyond the quantum of monies received in settlement of a SABS claim if it can be shown that the settlement was “improvident?”
What damages should be awarded for the cost of caring for a child with Down's Syndrome once the child reaches adulthood?
What general damages for pain and suffering have been awarded by a court where the adult injured party has suffered a fracture in his or her leg due to a slip and fall that did not require surgery?
What is a realistic expectation of general damages for pain and suffering where plaintiffs have suffered left leg weakness, spasms and reduced mobility; exacerbation of pre-existing conditions including diabetes; and moderate cognitive impairment?
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Damages for breach of fiduciary duty
Damages in contract
Damages in tort
Exemplary, punitive and aggravated damages
Remoteness and foreseeability