What is the test for foreseeable damages in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Albanese v Franklin et al., 2016 ONSC 6479 (CanLII):

In determining whether the particular personal injury was “foreseeable”, one must decide whether to look “at a person of ordinary fortitude or at the particular plaintiff with his or her particular vulnerabilities.” The Chief Justice notes, [t]he law has consistently held that the question is what a person of ordinary fortitude would suffer. … ‘The law expects reasonable fortitude and robustness of its citizens and will not impose liability for the exceptional frailty of certain individuals’”: Mustapha, at para. 14, quoting White v. Chief Constable of South Yorkshire Police, [1998] 3 W.L.R. 1509 (U.K. H.L.) at p. 1512.

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