What is the test for a plaintiff to return to work after a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Sandher v. Binning, 2012 BCSC 1000 (CanLII):
The plaintiff must prove on a balance of probabilities the causal connection between the accident-related injuries and impairment of his ability to work: Smith v. Knudsen, 2004 BCCA 613 at para. 36. The defendant submits the plaintiff could have gone back to his job as a framer but chose not to because he wanted a job that had more regular hours, did not involve as much travel to work, and provided medical benefits for his family.
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