In a personal injury action, in what circumstances will the court leave a plaintiff liable for damages for long periods of pain?
British Columbia, Canada
The following excerpt is from Dhaliwal v. Greyhound Canada Transportation Corp., 2015 BCSC 2147 (CanLII):
In Price, McEachern C.J. quoted his own words in Butler v. Blaylock, [1981] B.C.J. No 31 (BCSC) that, "the court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery" and that no one can expect citizens to be responsible for compensating a plaintiff "in the absence of convincing evidence."
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