In 2049390 Ontario Inc. v. Leung (Ont CA, 2020) the Court of Appeal commented on the failure to assess damages in this insurance broker negligence case:
 Given her finding that there was no liability and therefore the appellant was not entitled to damages, she had no obligation to assess damages. In these circumstances, a trial judge’s failure to assess damages is not a freestanding ground of appeal; success on this ground depends on whether damages were owing in the first place: Tkachuk Farms Ltd. v. LeBlanc Auction Service Ltd., 2008 SKCA 31, 307 Sask. R. 188, at para. 34; Morris Architect Group v. C.L. Bain Interior Design Ltd., 1997 ABCA 32, 47 Alta L.R. (3d) 269, at para. 8.
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