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ARTICLE · 21 JUNE 2023

Claiming A Loss Of Competitive Advantage: Ali v Irfan, 2023 ONSC 3239

McLeish Orlando LLP
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This recent Superior Court of Justice decision arises from a collision where the Plaintiff was struck by a car being driven by the Defendant while she was riding her bicycle.

CanadaLitigation, Mediation & Arbitration
Brandon Pedersen
Brandon Pedersen
Kate Hunter
Kate Hunter
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This recent Superior Court of Justice decision arises from a collision where the Plaintiff was struck by a car being driven by the Defendant while she was riding her bicycle. Following the collision, the Plaintiff suffered a Loss of Competitive Advantage and claimed damages for such as part of the lawsuit against the Defendant.

What is a Loss of Competitive Advantage

Damages awards for a Loss of Competitive Advantage are awarded on the basis that Ontario courts have recognized that the loss of earning capacity is comparable to the loss of an asset. In other words, there is recognition that when a person's position in the labour market is compromised as a result of another's negligence, that loss is compensable. A plaintiff can claim for the probable loss of future earning capacity or the increased likelihood of unemployment, as a result of their injuries.

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