Sentences with phrase «indivisible damage»

Where the same indivisible damage is caused by concurrent tortfeasors, ie joint tortfeasors liable for the same act, or tortfeasors who separately contribute to the same damage, each tortfeasor is liable for the whole of the damage.

Silber J agreed with Underhill P's approach to indivisible damage caused by concurrent tortfeasors — each is liable for the whole of that damage.

Not exact matches

For injunctions, the opinion suggested that although they are indivisible by nature, even a national court which is only competent to rule on part of the damages that have occurred would still be competent to rule on all other remedies available under national law (including a request to correct false information).

Tags: Damages for Breach of Charter Rights, Henry v. British Columbia, Indivisible Injuries, Mr. Justice Hinkson

Ontario's Negligence Act4 (the «Act») makes clear that in the event that more than one tortfeasor causes or contributes and an indivisible injury, the injured party may recover the entirety of their damages from any individual defendant, notwithstanding their respective degree of fault.

She expressed her provisional view that in the case of an indivisible psychiatric injury where it is not scientifically possible to establish the amount of the tortious material contribution to injury, it was not necessary for a judge to apportion damages across the board merely because one non-tortious cause had been in play.

Today the Chief Justice of the BC Supreme Court published reasons for judgement finding that the «indivisible injury» assessment that developed under tort law is equally applicable when damages are being assessed for a Charter breach.

The Province sought to have those settlements deducted from the awarded damages arguing they all covered a single indivisible harm.