What is the test for determining whether a plaintiff’s injuries are divisible or indivisible?
British Columbia, Canada
The following excerpt is from Maingot v Wankowicz, 2021 BCSC 1596 (CanLII):
Where there are multiple causes of a plaintiff’s injuries, the court must determine whether the injuries are divisible or indivisible. Generally speaking, divisible injuries are injuries capable of being separated out and having their damages assessed independently, whereas indivisible injuries cannot be separated into their constituent causes: Bradley v. Groves, 2010 BCCA 361 at para. 20.
The issue of divisibility of injuries is relevant to both the analysis of causation and damages. Our Court of Appeal set out the applicable principles as follows in Moore v. Kyba, 2012 BCCA 361:
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