What is the test for obtaining damages in a personal injury action?
Saskatchewan, Canada
The following excerpt is from Atkinson v. C.P.R., 1915 CanLII 181 (SK QB):
The above authorities, referred to in the Annual Practice, in my opinion, go to shew that there should be some evidence, either by affidavit or otherwise, to shew that, as the Master of the Rolls states in Atkins v. The Great Western, “If the damages and the costs were paid, there was no reasonable probablility of getting them back even if the appeal succeeded.”
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