What is the test for moral obligation in a personal injury case?
British Columbia, Canada
The following excerpt is from Cavadini v. Mahaffey Estate, 1995 CanLII 2914 (BC CA):
6 Tataryn v. Tataryn Estate [1994] 2 S.C.R. 804, tells us that, at the very least, it is open to the court in a case such as this to make an award on the basis of moral obligation alone and where need is not to be found, as is the case here.
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