The cases referred to above were provided by plaintiff’s counsel. Some of the defendant’s authorities were also less useful because of the very different facts. In Dechev v. Judas, [2004] B.C.J. No. 2465 (S.C.), for example, the plaintiff was a pedestrian who either slipped while trying to avoid a backing vehicle, or was struck by it after she fell. The court rejected most of the plaintiff’s testimony about her injuries.
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