What is the impact of a motor vehicle accident on a plaintiff’s mobility impairment?
British Columbia, Canada
The following excerpt is from Bernatchez v Chisholm, 2022 BCSC 105 (CanLII):
Unrelated intervening events must be taken into account in the same way as pre-existing conditions. If such an event would have affected the plaintiff’s original position adversely in any event, the net loss attributable to the tort will not be as great and damages will be reduced proportionately (Athey v. Leonati at paras. 31-32).
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