What is the current state of the law on assessing pre-existing conditions in assessing damages?
British Columbia, Canada
The following excerpt is from Lamont v Prat, 2021 BCSC 1294 (CanLII):
In Fatin v. Watson, 2020 BCSC 1880 at paras. 36–40, Mr. Justice Milman discussed the approach to assessing whether pre-existing conditions impact damages award. He cites from a number of cases which reveal two different approaches. One is to apply a percentage discount to a damages award. Another is to view it as a contingency taken into account when determining the appropriate amount of damages.
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