Are injuries that are divisible for the purpose of determining the extent of liability of a single defendant in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Delgiglio v. British Columbia (Public Safety and Solicitor General), 2012 BCSC 480 (CanLII):
Divisible injuries are those which are capable of being separated, such as injuries to different body parts or injuries to which the defendant has not contributed ( Bradley v. Groves, 2010 BCCA 361, at para. 20; see also Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] S.C.J. No. 102, at paras. 22-25.) Whether damage derived from multiple sources is divisible for the purpose of determining the extent of the liability of one defendant is a question of fact.
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