What is the test for determining just how to proceed in a personal injury case?

British Columbia, Canada


The following excerpt is from Cheng v. Timasceff, 2001 BCPC 290 (CanLII):

In determining the just resolution of the issues in this case I must keep in mind the words of Mr. Justice McEachern, formerly C.J.S.C. and C.J.B.C.C.A, in his decision in Butler v. Blaylock [1981] B.C.J. No. 31, October 7, 1981,: I am not stating any new principles 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 continuing injury.

Other Questions


In making a determinate order on a motion of no confidence in a motion for personal injury in a personal injury case, what are the reasons why such a determination is necessary? (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)
Does the Court have jurisdiction to hear personal injury claims in personal injury cases? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What is the test for establishing a claim for personal injury in a personal injury case? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)
What is the legal test for a personal representative to proceed in a personal injury proceeding? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
What is the quantum of damages for personal injury awarded in a personal injury case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.