From: Hilary Young <hilaryanyoung@yahoo.ca>
To: Obligations <obligations@uwo.ca>
Jason W Neyers <jneyers@uwo.ca>
Date: 24/03/2020 17:46:36 UTC
Subject: Re: ODG: Non-pecuniary loss for damage to property

Jason, are you thinking of the car Hortensia? See  O’Grady v Westminster Scaffolding 1962 Court of QB (sorry, don't have the proper citation in my notes).

Best,

--Hilary

On Tuesday, March 24, 2020, 02:07:39 p.m. ADT, Jason W Neyers <jneyers@uwo.ca> wrote:


Dear Colleagues:

 

First, I hope that you are feeling well and have found a safe place to isolate away from the pandemic.

 

Second, do any of you know of any interesting Commonwealth cases or discussions dealing with the recovery of damages other than market/replacement value, such as for upset or grief or for cost of repair where these would be otherwise uneconomical, for personal property. I seem to remember a case about a car called “Esmeralda” where such damages were alluded to or awarded but I cannot seem to locate it in any searches. I am aware of American caselaw dealing with pets, but was looking for something more Commonwealth focused.

 

I have a student doing a comparative examination of the law in Norway and the English Commonwealth who is not finding much in her researches, so any leads, including all self-promotion, would be very much appreciated.

 

Sincerely,

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)