How have contingencies been applied in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Cook v. Insurance Corp. of British Columbia, 1999 CanLII 6590 (BC SC):

The application of contingencies is an entirely subjective exercise on the part of the court. The trial judge is bound to consider contingencies that may affect the ultimate award and to accord such contingencies the appropriate weight. It is important to note, however, that not all contingencies are adverse. In Keizer v. Hanna, supra it is stated at 351: It is, of course, true that a trial judge must consider contingencies tending to reduce the ultimate award and give those contingencies more or less weight. It is equally true that there are contingencies tending to increase the award to which a judge must give due weight. At the end of the day the only question of importance is whether, in all the circumstances, the final award is fair and adequate.

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