What is the test for a plaintiff to be put in a position he or she would have been in if they were not injured in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Scarfe v. Fernco Developments Ltd., 2015 BCSC 2310 (CanLII):

Insofar as possible, the plaintiff should be put in the position he or she would have been in but for the injuries caused by the defendant’s negligence: Lines at para. 185. The essential task of the court is to compare the likely future of the plaintiff’s working life if the accident had not happened with the plaintiff’s likely future working life after the accident: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32.

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