canada small-claims-court breach-of-contract settlement
Can I sue breaching party if I got lucky and avoided damage?
<p>My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can I sue the ex-landlord for the cost of renting a comparable vehicle?</p>

<p>I was advised I could sue for time spent where I could have been at work and was wondering if this is similar.</p>

<p>Technically speaking, is it correct to say a party "broke", "violated" or "breached" (the terms of) the settlement? </p>

<p>If you can afford it - and if a lawyer will take the case - you can bring suit for pretty much anything. But unless you can demonstrate unlawful activity by the defendant and quantifiable damages to the plaintiff, you will not win the case.</p>

<p>You might be successful if you can demonstrate financial damages from lost earnings for yourself and your friend, or for any direct cost of the unproductive trip (fuel, any road tolls). Non-compliance with the settlement terms may be sufficient to demonstrate unlawful activity.</p>

<p>You will not be successful claiming for damages that didn't happen. To use the same analogy, bringing suit for rental of a vehicle you didn't rent would be like claiming lost earnings from a job you didn't have.</p>
