What is the jurisprudence related to such a claim?

British Columbia, Canada


The following excerpt is from Nicolls v. B.C. Cancer Agency, 1999 CanLII 6531 (BC SC):

The jurisprudence related to such a claim is limited. Counsel referred me to but one decision of this court where such an award was made but in circumstances which provide little, if any, assistance here. There are other decisions where such a claim was put forward but not proven. I have considered these decisions and the comments of Southin J.A. in Lang v. Rabel (unreported) 23 July 1996 (B.C.S.C.); appeal dismissed; 16 September 1998 (B.C.C.A.), one of such decisions, on appeal where she stated: This court has never decided whether such a claim is supportable.

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