What is the test for an application for damages arising out of a motor vehicle accident?
Alberta, Canada
The following excerpt is from Nieman v. Kennedy (Estate of), 2006 ABQB 894 (CanLII):
This application is similar to Florek v. Appleton (2001), 284 A.R. 366, 2001 ABQB 127. That application arose out of a low speed collision. I found that there were a number of factors such as longstanding, pre‑existing injuries; conflict among experts; and the fact that collision reconstruction and that bio‑mechanics reports were necessary. Taken alone each of the factors may not have been detrimental to the application, but cumulatively they made the trial of the action too inconvenient to be heard by a jury.
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