What is the test for dismissing a personal injury case?

British Columbia, Canada


The following excerpt is from Semenoff v. Bridgeman, 2014 BCSC 1845 (CanLII):

The trial judge dismissed the plaintiff’s case, finding that “the plaintiff has utterly failed to establish any of the many claims he has made” (Semenoff Estate v. Bridgeman, 2013 BCSC 1022 at para. 60). The plaintiff not only failed to establish his many claims against the defendant, he also refused an offer to settle made prior to trial, which represented 100% indemnity for the estate’s losses. In Semenoff Estate v. Bridgeman, 2014 BCSC 174, Mr. Justice McKinnon stated:

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