Mitigation of Damages

The term “damages” is a lawsuit term meaning the pecuniary losses that a person (“the plaintiff”) suffers as a result of the conduct of another person (“the defendant”). The term “mitigation” in the law of damages means the reduction of this loss and refers to the...

Personal Injury Damages

When a person (“the plaintiff”) sues another person (“the defendant”), the plaintiff seeks remedies from the court. Most of the remedies sought are to compensate the plaintiff financially. These remedies are called damages. One type of damages is general damages in a...

Punitive Damages

One type of damages you may read about in the newspaper, especially about cases in the United States, is punitive damages. As the name suggests, punitive damages are designed to punish a wrongdoer. To meet the test in Canada, the conduct of the wrongdoer must not be...

Death and Damages

In the early days of the law, if you were the breadwinner and died because of the wrongful act of another, the family had no recourse in the courts for compensation (“damages”) against the wrongdoer. The saying was that the wrongdoer was better off killing the...

Compensation for Inconvenience

Many people represent themselves in the small claims court without a lawyer. They are described by the court as “self-represented” and they come to court seeking compensation (“damages”) for some wrongdoing. The wrongdoing could be the result of a negligent act or a...