1. Professional Engineering Practice
Time Limitations, and types of damages
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2. Pre-test

3. Pre-test

4. Limitation of liability
2 years from discovery (or from when the tort was easily discoverable and should have been discovered) – not 2 years from when the tort was committed
15-year absolute limit to liability
Except in the case of
act of minority – i.e. if the case involved a minor
incapacity – i.e. if the case involved someone unable to act independently
Facts wilfully concealed from the claimant

5. Damages
In tort, what losses would the plaintiff have avoided if the incident had not happened?
the court tries to compensate the plaintiff for injuries and losses.
In a contract case, what benefits would the plaintiff have gained had the contract been completed?
the court tries to compensate the plaintiff for e.g. profit they would have earned had the contract been completed.

6. Types of damages
Consequential Damages may be awarded when the loss is not caused directly by the defendant’s wrongdoing, but results from this.
In a breach of contract case, these are intended to reimburse the plaintiff for damages beyond the contractual loss; for example, loss of business profits resulting from undelivered goods. They must “flow from the breach”, and be reasonably foreseeable upon entering into the contract.
In a tort case, the plaintiff could recover consequential damages for e.g. the loss of income resulting from an injury. They are not based on the injury itself but flow directly from it.  

7. Types of damages
General Damages: Damages for non-monetary losses. These cannot be assessed exactly.
Examples of such losses suffered include pain and suffering. These are subject to upper limits established by the Supreme Court of Canada.
Courts look at such factors as the plaintiff’s age, the nature of the injury, the severity and duration of the pain, the level of the disability and the loss of lifestyle or impairment of life.

8. Types of damages
Punitive Damages: Intended to punish, and to deter committing future breaches.
Punitive damages are awarded not to compensate a plaintiff for injury or loss but to penalize a defendant for a particularly egregious wrongful act.

9. Types of damages
Aggravated Damages: Damages awarded if the injury was extreme.
The injury is considered “aggravated” (not the damages!). The damage award is usually higher.

10. Types of damages
Nominal Damages: Token damages awarded protect a legal right
Even if there has been no “injury”, courts can award nominal damages to state that a legal right has been violated. The sum for such damages is often symbolic (e.g. $1).

11. Post-test

12. Post-test

13. Post-test