What is the test for a plaintiff who suffered from crumbling skull syndrome?

British Columbia, Canada


The following excerpt is from Ford v. Kam, 1998 CanLII 5450 (BC SC):

In any event, even if I am wrong in this conclusion the plaintiff was clearly a crumbling skull within the meaning accorded that term in Athey v. Leonati (1997), 1996 CanLII 183 (SCC), 140 D.L.R. (4th) 235 (S.C.C.) and any compensation by the defendant would be minimal on the facts of this case. A defendant need not compensate a plaintiff for any debilitating effects of a pre-existing condition which the plaintiff would have experienced in any event.

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