What is the test for calculating measurable risk in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Lemyre v. Stubbert, 2015 BCSC 693 (CanLII):
As explained in TWNA v. Canada, 2003 BCCA 670 at para. 48, a measurable risk need not be proved on a balance of probabilities: Whether manifest or not, a weakness inherent in a plaintiff that might realistically cause or contribute to the loss claimed regardless of the tort is relevant to be settled in the damages. It is a contingency that should be accounted for in the award. Moreover, such contingency does not have to be proven to a certainty. Rather, it should be given weight according to its relative likelihood.
"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
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the law on liability for an injured person who is injured in an accident while trying to rescue someone from a motor vehicle accident? (British Columbia, Canada)
In a motor vehicle accident reconstruction case, can the accident reconstruction experts provide any assistance? (British Columbia, Canada)
Can a motor vehicle accident be employment-connected where the accident occurred on a driveway or roadway extending between the employer's premises and the public roadway? (British Columbia, Canada)
How is a plaintiff’s non-pecuniary loss from a motor vehicle accident measured? (British Columbia, Canada)
In a motor vehicle accident, can a plaintiff continue to suffer from chronic neck and back pain for at least three years after the accident? (British Columbia, Canada)
What is the test for establishing causation between a motor vehicle accident and a subsequent accident? (British Columbia, Canada)
What is the test for calculating future loss of earning capacity in a motor vehicle accident? (British Columbia, Canada)
