Sentences with phrase «whether double recovery»

[34] In tort law, where there are multiple causes of injuries, the Court must determine whether the injuries are divisible or indivisible when assessing whether double recovery principles will apply: Athey v. Leonati, [1996] 3 S.C.R. 458 and E.D.G. v. Hammer, 2003 SCC 52.

Not exact matches

'» Relevant considerations include the «' reasonableness between the damages sustained and the amount of the award and the measurement of punishment required, whether the award will amount to double recovery, the proportionality between the compensatory and punitive damages, and the ability of the defendant to pay.