What is the test for determining an award in a personal injury case?
British Columbia, Canada
The following excerpt is from Schafer v. Whiteley, 2013 BCSC 225 (CanLII):
The court must take into account the positive and negative contingencies. The assumptions upon which an award is based may prove to be wrong. There may be an improvement in health, an opportunity for advancement, a decline in the economy and loss of employment, as well as the usual chances and hazards of life. Ultimately, the award must be one that is fair and reasonable in all of the circumstances of the particular case. See Reilly v. Lynn 2003 BCCA 49 at para. 101.
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