What is the test for damages in a discrimination action?
Newfoundland and Labrador, Canada
The following excerpt is from S.R. v. A Pastoral Charge in the Province of Newfoundland and Labrador (No. 2), 2018 CanLII 152882 (NL HRC):
69. The principles behind an award of special damages is restitution. As stated in DiMarco v. Fabric, 2003 HRTO 4 [ CHRR Doc. 03-050]: "[52] The purpose of special damages is to compensate the complainant by restoring him/her, as far as reasonably possible, to the position that he/she would have been in, had the discriminatory act not occurred. That being said, special damages must be proven through viva voce or documentary evidence or both. Speculation as to the monetary losses suffered by a complainant cannot form the foundation of an order for special damages, particularly where those losses are indeed susceptible to such proof".
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