In a personal injury action, in what circumstances will the award for damages be reduced or increased?
British Columbia, Canada
The following excerpt is from Chavez-Salinas v Tower, 2017 BCSC 2068 (CanLII):
However, in other cases, the award will be reduced based on a prospect of improvement in the plaintiff’s condition or increased on the basis that additional care will likely be required, and each case, of course, must be determined on its own unique facts: Gilbert v. Bottle, 2011 BCSC 1389 [Gilbert] at para. 253.
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