What is the test for assessing damages in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Chow v. Nolan, 2013 BCSC 1383 (CanLII):

Before the plaintiff’s damages can be assessed, his pre-existing, or original condition as it was in October 2008, before the accident, must be determined and juxtaposed with his post-accident condition. This allows for an analysis of the cause of the differences, if any. If the plaintiff establishes that the worsening of his condition was caused by the 2008 accident, this juxtaposing of condition before and after the 2008 accident also allows for the measurement of any risk of debilitation that the manifest and disabling condition might have effected in any event (Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458).

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