How have the damages in the Andrews Trilogy been determined?
British Columbia, Canada
The following excerpt is from Niessen v. Sepulveda and Miller, 2008 BCSC 1567 (CanLII):
In Boyd v. Harris the Court of Appeal held that it is improper to compare the injuries of a particular plaintiff to those of the plaintiff’s in the Andrews Trilogy of cases. That is because the amount of damages in each case is a question of fact. The upper limit is a matter of law and the policy behind the law. The amount of damages in each case is a question of fact because they must account for the specific circumstances of the plaintiff and the impact of the injuries on a specific plaintiff.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action, can damages be assessed before the amount of damages has been determined? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the difference between determining a cause of injury and assessing damages to compensate for that damage? (British Columbia, Canada)
What factors will be considered in determining entitlement to damages under the head of damage? (British Columbia, Canada)
What factors are considered by the courts in determining non-pecunciary damages in a motor vehicle accident? (British Columbia, Canada)
What factors will be considered by the Court in determining non-pecuniary damages? (British Columbia, Canada)
What factors have been considered in determining the quantum of damages for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining the range of damages for a plaintiff who sustained a fractured skull in a motor vehicle accident? (British Columbia, Canada)
How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice? (British Columbia, Canada)
What is the proper measure of damages for damages where a defect in a motor vehicle is not disclosed? (British Columbia, Canada)
