In what circumstances will a plaintiff not sue a physiotherapist for damages arising from a herniated disc?
British Columbia, Canada
The following excerpt is from Artibise v. Wal-Mart Canada Inc., 2002 BCSC 1139 (CanLII):
In support of the plaintiff's position I was referred to the reasoning in Athey v. Leonati (1996), 1996 CanLII 183 (SCC), 140 D.L.R. (4th) 235 (S.C.C.) in which the plaintiff, in pursuing a course of exercise recommended by a physiotherapist for injuries to his back suffered by him in the automobile accident giving rise to his claim, suffered a herniated disc. In that case the defendants argued that they were not responsible for the further injuries, saying the plaintiff's pre-existing condition was aggravated by the exercise.
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