This volume is the first Special Lectures devoted exclusively to the Law of Damages since 1958 and promises to become an essential reference tool for civil litigators for many years to come. This significant publication has been developed by a distinguished faculty providing the latest knowledge concerning contemporary issues affecting the law of damages.
The Law Society of Upper Canada Special Lectures series was inaugurated in 1943 and has been a regular yearly event in the Continuing Legal Education Program for over 60 years. As the flagship program of The Law Society, the Special Lectures series is well known for its exceptional quality, high calibre of speakers and extreme usefulness for those who attend. Each year, the Lectures bring together legal experts of national and international prominence to share their ideas and perspectives on a particular area of law with the membership.
Program Chairs
Terrence J. O’Sullivan, Lax O’Sullivan Scott LLP
Linda R. Rothstein, Paliare Roland Rosenberg Rothstein LLP
Table of Contents
Assessing Damages in Class Actions
The Honourable Mr. Justice Warren K. Winkler (Superior Court of Justice), Patricia D. S. Jackson (Torys LLP), C. Scott Ritchie, Q.C. (Siskind, Cromarty, Ivey & Dowler LLP)
Damages in Competition Law
Sandra A. Forbes, Christopher D. Margison (Davies Ward Phillips & Vineberg LLP)
Damages in Constitutional Cases
Janet E. Minor (Constitutional Law Branch, Ministry of the Attorney General)
Unjust Enrichment
Alan J. Lenczner, Q.C. (Lenczner Slaght Royce Smith Griffin LLP)
Restitution as an Alternative to Damages in Contract and Tort
John D. McCamus (Osgoode Hall Law School)
Is it Time to Revisit the Trilogy?
Roger G. Oatley (Oatley, Vigmond)
Judging Cause and Effect: The Challenges in Assessing Damages in Sexual Abuse Cases
Elizabeth K. P. Grace (Lerners LLP)
Psychiatric Damages
Geoffrey D.E. Adair, Q.C. (Adair Morse LLP)
Contingencies, Loss of Interpersonal Relationship, The Material Contribution Test & Punitivite, Exemplary and Aggravated Damages
John A. McLeish (McLeish Orlando LLP)
Commercial Law Damages: Market Efficiency or Regulation of Behaviour?
The Honourable Mr. Justice Robert J. Sharpe (Court of Appeal for Ontario)
Damages for Public Market Liability
Thomas G. Heintzman, Q.C., Sarah Armstrong (McCarthy Tétrault LLP)
Convergence of Contract and Tort: Damages in the Age of Concurrent Liability
Bryan Finlay, Q.C., Marie-Andrée Vermette, Brydie Bethell (WeirFoulds LLP)
Establishing Economic Loss
John Lorn McDougall, Q.C. (Fraser Milner Casgrain LLP)
Wild Justice on the Compensation – Punishment Frontier: An Attempt to Make Some Sense of Aggravated and Punitive Damages after Whiten
Kirk F. Stevens (Lerners LLP)
Recent Developments Relating to the Awarding of Damages within an Employment Law Context: A Unifying Theory
Janice B. Payne, Ted J. Murphy (Nelligan O’Brien Payne LLP)