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This paper explores from a Canadian perspective the awarding of damages for non-pecuniary losses that arise in commercial settings and asks the question whether there is any useful function performed by such awards. It is difficult to find cases that support such awards and thus if they are to be awarded, it will be advancing damages for non-pecuniary losses in a new direction. To justify such a movement, I suggest that the any development should be measured by two concepts: legitimacy - what is it that courts can legitimately do, and coherence - how does the award fit into a coherent and predictable legal system.I argue that from a purely compensation point of view, awarding compensation for a loss that is incommensurable does not make much sense. Only if the justification is vindication, deterrence or punishment is there merit in awarding more than compensation, but then, courts or legislatures should develop separate criteria to add quantification and to meet the standards of legitimacy and coherence.
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The print edition The Law of Trusts, 3rd Edition, includes a PDF ebook. Look for your PIN code card inside the front cover. The Law of Trusts, 3rd Edition, edited by Mark R. Gillen and Faye Woodman, traces the development of resulting and constructive trusts to reflect a uniquely Canadian approach. Written by leading scholars in the field, this comprehensive casebook situates the law of trusts in context for its readers, yet extends beyond the normal scope to discuss specialized topics such as unjust enrichment, taxation, and succession planning. The third edition has been updated and expanded to include a new chapter on the Quebec trust. An overview of the taxation of trusts and beneficiaries has been added to make the subject matter more accessible, and an updated chapter on fiduciary obligations references the Galambos and Elder Advocates cases to reflect the clarified approach adopted by the SCC.
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Remedies: Cases and Materials, 8th Edition is a comprehensive casebook that covers recent developments in both the law of damages assessment and the granting of equitable remedies. This publication examines all areas of remedies law in Canada, including damages, injunctions, specific performance, and equitable relief. Coming into its eighth edition, Remedies has become a reliable resource, providing updated case reports alongside detailed academic commentary. This edition was written by leading authorities on remedies, each of whom offer their expertise in specific areas. It also reviews recent Supreme Court of Canada cases and outlines how these decisions impact the law of remedies in Canada.
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