In these circumstances, the plaintiff is entitled to compensation for injuries whether they were entirely or partly caused by the accident. However, that compensation must restore her to her pre-accident position “with all its attendant risks and shortcomings, and not a better position.” according to the leading authority, Athey v. Leonati (1996) 1996 CanLII 183 (SCC), 140 D.L.R. (4th) 235 [SCC].
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