ASSESSING TORT DAMAGES IN THE CONFLICT OF LAWS: LOCI, FORI, ILLOGICAL

Abstract

The task of determining which law to apply when quantifying a damages award in tort cases involving more than one jurisdiction is not an easy one. As multinational litigation becomes more common, choice of law principles are required to evolve in order to ensure that plaintiffs are properly compensated, and defendants protected from excessive damages awards. This paper considers the history of choice of law in tort with respect to the assessment of damages and recent developments in common law and civil law jurisdictions, and suggests a new framework with respect to the assessment of pecuniary, non-pecuniary, and punitive damages in Canada where a conflict of laws situation arises.