What is the impact of a motor vehicle accident on a plaintiff's ability to work?

British Columbia, Canada


The following excerpt is from Niessen v Emcon Services Inc., 2018 BCSC 1410 (CanLII):

None of the experts testified that absent the accident, deterioration of the plaintiff’s pre-existing bouts of depression was probable, let alone inevitable: see similarly Gordon v. Ahn at paras. 32-34. I find that but for the accident, the plaintiff would still have been in a situation where he might occasionally experience bouts of depression in the winter, but could work through those feelings. Indeed, there is no evidence that such a pre-existing condition ever significantly affected the plaintiff’s ability to work or obtain work. I cannot find that there were other events happening close in time to the accident that would provide an alternate, and more accurate, explanation of the true cause of the plaintiff’s symptoms.

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