Is a plaintiff entitled to a higher standard of care than a defendant?
British Columbia, Canada
The following excerpt is from MacKenzie v John Doe, 2018 BCSC 104 (CanLII):
The plaintiff should be put in the position that he would have been in but for the injuries caused by the defendant’s negligence: Lines v. W & D Logging Co. Ltd., 2009 BCCA 106 at para. 185.
The court is to compare the likely future of the plaintiff’s working life had the accident not happened with his likely future work life after the accident: see Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32.
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