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ARTICLE · 15 AUGUST 2016

Foreign Exchange Issues In Damage Quantification: Part I – Basic Concepts

It is not uncommon for litigation to involve the quantification of financial remedies across multiple political and monetary boundaries.

CanadaAccounting and Audit

International trade is an increasingly important part of the Canadian economy, as this picture clearly shows:

As a result, it is not uncommon for litigation to involve the quantification of financial remedies across multiple political and monetary boundaries. How does one take foreign exchange rates – and more specifically, fluctuations in foreign exchange rates between the date of initial wrongdoing and the trial date – into account? In the next two posts, I will consider the following five examples, through which I hope to illustrate some basic concepts:

  1. A US-based company, Manifest Destiny Inc. ("MDI") has a contract to sell $1M (USD) of specialized goods to a Canadian firm. The Canadian firm breaches the contract, and MDI is unable to make the sale (or to mitigate its loss). The exchange rate at the time of breach was $1 USD = $1.25 CDN; it is now $1 USD = $1 CDN.

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