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Difference between revisions of "Do You Have a Small Claim? (20:III)"
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Do You Have a Small Claim? (20:III) (view source)
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=== 2. Special Damages === | === 2. Special Damages === | ||
Special damages are those that are not presumed as a direct consequence of the | Special damages are those that are not presumed as a direct consequence of the act (See ''Stroms Bruks Aktie Bolag v Hutchison'', [1905] AC 515, at p 525). Special Damages are generally quantifiable out-of-pocket expenses. For example, if a person has been put to expense and has receipts showing the amounts spent, these expenses would be classified as special damages. In a personal injury action, this could be medical bills, or in an action involving faulty equipment, repair bills could be classified as special damages. Each and every expense must be strictly proved with documents or other satisfactory evidence. | ||
=== 3. Nominal Damages === | === 3. Nominal Damages === | ||
Nominal damages are those where a wrong has been committed but there has been no, or insignificant, damages suffered as a result of the wrong. Certain torts, such as trespass, allow claims for nominal damages however there is little reward and much to be lost. A person who has suffered no damages yet still brings a claim may not recover the costs for bringing a claim that wastes the court’s and the parties’ time and money. Note that cost awards are limited in small claims | Nominal damages are those where a wrong has been committed but there has been no, or insignificant, damages suffered as a result of the wrong. Certain torts, such as trespass, allow claims for nominal damages however there is little reward and much to be lost. A person who has suffered no damages yet still brings a claim may not recover the costs for bringing a claim that wastes the court’s and the parties’ time and money. Note that cost awards are limited in small claims cases (''Rule'' 20(2)). | ||
=== 4. Debt === | === 4. Debt === | ||
Debt is a remedy for breach of contract. See: ''Busnex Business Exchange Ltd. v Canadian Medical Legacy Corp | Debt is a remedy for breach of contract. See: ''Busnex Business Exchange Ltd. v Canadian Medical Legacy Corp'', 1999 BCCA 78. At paragraph 8, the court addresses the requirements for establishing a debt or liquidated demand: | ||
“A liquidated demand in the nature of a debt, i.e., a specific sum of money due and payable under or by virtue of a contract. Its amount must either be already ascertained or capable of being ascertained as a mere matter of arithmetic. If the ascertainment of a sum of money, even though it be specified or named as a definite figure, requires investigation, beyond mere calculation, then the sum is not a ‘ debt or liquidated demand,’ but constitutes ‘ damages.’” | “A liquidated demand in the nature of a debt, i.e., a specific sum of money due and payable under or by virtue of a contract. Its amount must either be already ascertained or capable of being ascertained as a mere matter of arithmetic. If the ascertainment of a sum of money, even though it be specified or named as a definite figure, requires investigation, beyond mere calculation, then the sum is not a ‘ debt or liquidated demand,’ but constitutes ‘ damages.’” | ||