What is the test for making a net recovery in a personal injury action?
British Columbia, Canada
The following excerpt is from McPhail v Ross, 2019 BCSC 896 (CanLII):
However, as the court pointed out in Dempsey v. Oh, 2011 BCSC 627, at para. 19, it is not the court’s function to ensure that a plaintiff makes a net recovery from an action when the party has ignored a reasonable offer. That would defeat the purpose of the Rule and not accord with common sense.
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