How do you qualify a loss in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Noftle v Bartosch, 2018 BCSC 766 (CanLII):
Qualifying a loss may be aided by some mathematical calculation, but there is no particular formula. A trial judge may determine the present value of the difference between with accident and without accident scenarios, but the overall fairness and reasonableness of the award must be considered taking into account all the evidence: Rosvold v. Dunlop, 2001 BCCA 1, at paras. 8 and 11.
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