In Cloud v. Canada ( Attorney General), claims for an aggregate assessment of damages and punitive damages were held to be properly included as common issues. Goudge J.A. held, at para. 70, that the trial judge should determine whether he/she could make an aggregate assessment without proof of loss by each individual member. In Healey v. Lakeridge Health Corporation,  O.J. No. 4277, Justice Cullity followed this approach, noting at para. 102 that whether the statutory conditions for an aggregate assessment of damages are satisfied and whether an aggregate assessment should be made is for the court at the common issues trial, and not for the judge hearing the certification motion to decide. Indeed, Justice Cullity noted, strictly the possibility of an aggregate assessment of damages need not be included in the common issues as the trial judge has the discretion to make such an order in any case in which it is found that the conditions of section 24(1) of the CPA are satisfied.
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