What is the test for placing a plaintiff in an injured position?
British Columbia, Canada
The following excerpt is from Butterfield v. Choufour, 2005 BCSC 179 (CanLII):
Major J. sets out the applicable legal principles in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235, at paragraph 32: …The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s negligence (the “original position”). However, the plaintiff is not to be placed in a position better than his or her original one. It is therefore necessary not only to determine the plaintiff’s position after the tort but also to assess what the “original position” would have been. It is the difference between these positions, the “original position” and the “injured position”, which is the plaintiff’s loss.
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