What is the current state of the law in Canada when there is little or no objective evidence of continuing injury?

British Columbia, Canada


The following excerpt is from Peacock v. Battel, 2013 BCSC 958 (CanLII):

McEachern C.J.S.C. made reference to an earlier decision, Butler v. Blaylock, [1981] B.C.J. No. 31, where he stated as follows: I am not stating any new principle when I say 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. An injured person is entitled to be fully and properly compensated for any injury or disability caused by a wrongdoer. But no one can expect his fellow citizen or citizens to compensate him in the absence of convincing evidence - which could be just his own evidence if the surrounding circumstances are consistent - that his complaints of pain are true reflections of a continuing injury.

Other Questions


When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the test for a plaintiff's claim for damages when there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the current state of the law in Canada when it comes to rationalizing the subjective evidence of the parties' intentions with objective evidence? (British Columbia, Canada)
What is the current state of the law in Canada where documentary evidence of the marriage is weak? (British Columbia, Canada)
What is the current state of the law in Canada on damages under the common law for personal injury? (British Columbia, Canada)
What is the current state of the law in Canada when it comes to dealing with the issue of personal injury? (British Columbia, Canada)
What is the current state of the law in Canada under s. 12 of the Canada-Canada Border Security Act? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the current state of the law in Canada regarding the duty of care of a person with mental health issues who has been injured in a motor vehicle accident? (British Columbia, Canada)

There are no other similar questions at this time.