Is a pre-existing condition that would have resulted in a loss in a personal injury claim taken into account in assessing damages?
British Columbia, Canada
The following excerpt is from Chouhan v. Allemeersch, 2014 BCSC 1415 (CanLII):
A pre-existing condition with a measurable risk that would have resulted in a loss in any event, must be taken into account in assessing the damages caused by a defendant: Moore v. Kyba, 2012 BCCA 361 at para. 43.
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