What is the evidentiary basis to support an award under the section 4(5) of the Rules of Civil Procedure for injuries sustained in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Bieling v Morris, 2021 BCSC 1905 (CanLII):
The defendant argues that there is an insufficient evidentiary basis to support an award under this heading. The defendant relies on the decision in Bramley v. Lee, 2016 BCSC 1105 for this proposition. I disagree with this as well. Bramley involved an entirely different set of circumstances. As mentioned above, while the evidence is lacking in specifics, it is, in my view, sufficient to form a basis upon which to make an assessment. It will be a conservative estimate due to the lack of reliable information.
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