What is the test for damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Chamberlin v. Profeit, 2010 BCSC 1598 (CanLII):
In the case at bar, the plaintiff claims special and general damages. To succeed, she must prove, on a balance of probabilities, that the defendant caused or contributed to her injury: Athey; and Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, 72 D.L.R. (4th) 289. On the basis of the evidence adduced at this trial, I find that the plaintiff has not established a causal relationship between the injuries she suffered as a result of the defendant’s negligence and the pain she was experiencing at the time of trial. The plaintiff was injured as a result of the accident in issue, but the injuries were time limited and discrete from her current ailments.
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