Commercial Betterment: Why client money shouldn´t grow on trees.


Conventional Damages analyses are further complicated in cases of commercial loss where the compensation of the loss may result in a net gain to the Plaintiff. The law in Ontario as laid out by the Court of Appeal in James Street Hardware & Furniture Co. v. Spizziri as affirmed in Upper Lakes Shipping Ltd. v. St. Lawrence Cement Inc. states that the Plaintiff should have deducted from its award the amount by which its property had improved, but also be compensated to the extent that it had to put out money prematurely to obtain the betterment.

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