What is the test for applying the rule of common law in a personal injury case?
British Columbia, Canada
The following excerpt is from Woodman v. Capital (Regional District), 1999 CanLII 5070 (BC SC):
I have considered the submissions by the plaintiffs. In my view, this is an appropriate case in which to apply the rule. And I should not refuse to do so unless the interests of justice require it for very good reason: Sitwell v. Sitwell (1997), 1997 CanLII 2609 (BC SC), 29 B.C.L.R. (3d) 61.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In making a determinate order on a motion of no confidence in a motion for personal injury in a personal injury case, what are the reasons why such a determination is necessary? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
What is the test for establishing a claim for personal injury in a personal injury case? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)
Does the Court have jurisdiction to hear personal injury claims in personal injury cases? (British Columbia, Canada)
Is Rule 37B of the BC's Rules 37B common law common law applicable to a plaintiff in a personal injury case? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
What is the quantum of damages for personal injury awarded in a personal injury case? (British Columbia, Canada)
In a personal injury case, in what circumstances will the BCSC provide advice to the parties on organization and preparation of the personal injury trial? (British Columbia, Canada)
