Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 315
items thereof may be inaccurate, although the corresponding amount
listed is accurate.
[1179] It was further understood that the Defendant is not admitting that any of the expenses or
losses set out in the financial statement constitute damages in the event of a finding of liability
against the Defendant.
2010 FC 495 (CanLII)
[1180] As well, a summary of the financial statements was placed on the record. This summary was
provided to the Court by the Plaintiffs, with the agreement of the Defendant.
(ii)
Legal Principles
[1181] Turning now to the heart of the matter, the basis for awarding damages in cases of both tort,
including the tort of negligent misrepresentations, and for breach of contract is to compensate the
injured party for losses flowing from the negligent act or the breach of contract, as the case may be.
[1182] The Plaintiffs have suffered an injury and are entitled to compensation. I agree with their
submissions that given the nature of their enterprise and the causes of action upon which they have
succeeded, it is not necessary to attribute those damages to a specific cause of action.
[1183] In Central Trust Co. v. Rafuse, [1986] 2 S.C.R. 147, the Supreme Court of Canada held that
concurrent or alternative liability in contract and tort will not be permitted where the duty of care
arises from the terms of the contract. I am satisfied in this case that the Plaintiffs have established a
duty of care that arises independent of their contractual relationship with the Defendant. As such, I