What is the test for reducing a defendant’s liability for damages for depression and anxiety?

British Columbia, Canada


The following excerpt is from Burke v. Artz, 2011 BCSC 850 (CanLII):

Where a plaintiff suffered from a malady before sustaining a compensable injury, or where the evidence shows that there is a measurable risk that a plaintiff’s pre-existing condition will become symptomatic, the court must decrease the defendant’s liability for damages to account for the pre-existing condition: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. In this case, the plaintiff’s depression and anxiety were active shortly before the accident. I find it likely that, even if the accident had not happened, the plaintiff would have continued to suffer from a degree of depression and anxiety for some years to come. I find that because those conditions were not disabling before the accident, there was no measurable risk that they would have disabled the plaintiff absent the accident. They would, however, have required medication and the plaintiff would have benefited from some psychological counselling for depression and anxiety.

Other Questions


Does a plaintiff have an obligation to reduce their damages by reducing the damages in the context of a claim? (British Columbia, Canada)
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
Does the existence of the ICBC and its role in defending damages for damages flowing from motor vehicle accidents take into account? (British Columbia, Canada)
What is the test for reducing damages when a defendant fails to mitigate? (British Columbia, Canada)
Does a finding of a material inducement reduce the liability of a defendant for losses arising from a breach of fiduciary duty? (British Columbia, Canada)
Does negligence of an additional defendant doctor or nurse in a delayed treatment case allow the original defendant doctor to escape liability? (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)
Does a plaintiff have an obligation to take all reasonable measures to reduce their damages? (British Columbia, Canada)
Does a plaintiff have an obligation to receive treatment to reduce their damages? (British Columbia, Canada)
What is the burden of reducing damages on the basis of failure to mitigate? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.