How does a plaintiff have to prove an evidentiary link between her pain symptoms and the recommended treatment and care?

British Columbia, Canada


The following excerpt is from McHatten v McCrea, 2021 BCSC 1471 (CanLII):

The plaintiff must demonstrate an evidentiary link between her pain symptoms and the recommended treatment and care: Gregory v. Insurance Corp. of British Columbia, 2011 BCCA 144 at paras. 38–40, 44–47; Gignac at para. 32.

Other Questions


What is the burden on a defendant to prove that a plaintiff has not followed a recommended course of medical treatment? (British Columbia, Canada)
What is the burden of proving that a plaintiff’s failure to pursue recommended medical treatment contributed to their loss? (British Columbia, Canada)
Is there 10% of a plaintiff who refused to initiate physiotherapy treatments that were recommended by their medical practitioners? (British Columbia, Canada)
What is the evidentiary burden for a plaintiff to prove that they are disabled? (British Columbia, Canada)
What is the test for making an argument that a plaintiff has not followed a course of recommended medical treatment? (British Columbia, Canada)
What is the test for determining whether a plaintiff acted unreasonably by not pursuing a recommended treatment? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the applicable test for considering a plaintiff’s failure to follow recommended treatments? (British Columbia, Canada)
What is the test for failure to mitigate in circumstances where a plaintiff has not pursued recommended medical treatment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.