Can interest on a loan to fund general living expenses including treatment costs during the course of litigation be claimed as damages?

British Columbia, Canada


The following excerpt is from Mann v Kathuria, 2017 BCSC 2229 (CanLII):

In Isbister v. Delong, 2014 BCSC 1947, the plaintiff borrowed money following a motor vehicle accident to pay living expenses and healthcare costs while she was unable to work due to her injuries. She attempted to claim the interest on that amount at trial as damages and also as disbursements. The court denied recovery stating at paragraph 5: In my view, assuming that the interest is paid, the interest on a loan to fund general living expenses including treatment costs during the course of litigation is not recoverable as damages where, as here, it is not reasonably foreseeable and arises because of the impecuniosity of the plaintiff. The decision was upheld on appeal.

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