Is a plaintiff entitled to compensation which would put her back to her original position?
British Columbia, Canada
The following excerpt is from Brown v. Raffan, 2013 BCSC 114 (CanLII):
The plaintiff is entitled to compensation which would, as far as money is able to do so, put her back to her “original position” that she would be in “but for” the injury. She is not entitled to be put in a better position: see Athey v. Leonati, 1996 CanLII 183 (SCC), [1996], 3 S.C.R. 458, at paras. 32 and 35, where Major J. states as follows:
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