Is there any case law where a plaintiff has been found to have suffered from a degenerative condition in his knees as a result of apportionment?

British Columbia, Canada


The following excerpt is from McKelvie v. Ng, 2001 BCCA 384 (CanLII):

In my view, on a reading of the whole of the reasons for judgment, such an inference is not warranted. I say this for three reasons. First, the reasons are framed in the context of addressing the situation of the plaintiff as it was at trial, and not to his future. Second, the discussion of Athey v. Leonati in the decision focuses on the apportionment issue, a question which is not engaged here because the trial judge found that the negligence of the defendants was a necessary contributing cause of the injuries. Third, the trial judge did address the issue of the pre-existing condition of the knees when she concluded that the degenerative condition in the knees likely would not have become debilitating for 25 to 30 years. In the presence of that express consideration I do not think we should infer conclusions on the other two conditions.

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