What is the test for a plaintiff in a motor vehicle accident action?
British Columbia, Canada
The following excerpt is from McHollister v Ma, 2021 BCSC 1667 (CanLII):
The issues raised in these actions are: a) The plaintiff’s abilities and life prior to the accidents; b) The plaintiff’s abilities and life after the accidents; c) The plaintiff’s prognosis; d) The plaintiff’s claim to damages, namely, the assessment of: i. past income loss and loss of future earning capacity; ii. past and future loss of housekeeping capacity; iii. cost of future care; iv. non-pecuniary damages; and v. special damages.
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