What is the test for assessing damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Davies v. Elston, 2014 BCSC 2435 (CanLII):
In assessing damages, the overarching legal principle is that the plaintiff is entitled to damages to restore him to the position he would have been in, absent the accident, so far as this can be done with money. He is not entitled to be placed in a position that is better than his original position would have been: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, at para. 32.
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