What is the legal test for general damages in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Daniels v. Westfair Foods Ltd., 2006 ABQB 878 (CanLII):
While there are different approaches to this issue, I prefer the approach I took in Singh v. Turna, 2004 ABQB 143. In that case the husband was the owner of a motor vehicle that was being driven at the time of the accident by his wife. The husband was not present at the time of the accident, and his claim was for damages to the motor vehicle only. The wife brought action against the defendant for general and special damages.
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