Is a plaintiff entitled to compensation for injuries that were not entirely or partly caused by the accident?
British Columbia, Canada
The following excerpt is from Kitnikone v. Watts, et al., 2000 BCSC 1452 (CanLII):
In these circumstances, the plaintiff is entitled to compensation for injuries whether they were entirely or partly caused by the accident. However, that compensation must restore her to her pre-accident position “with all its attendant risks and shortcomings, and not a better position.” according to the leading authority, Athey v. Leonati (1996) 1996 CanLII 183 (SCC), 140 D.L.R. (4th) 235 [SCC].
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