What is the test for a plaintiff to be put in a position that she would have been in but for the injuries caused by negligence?

British Columbia, Canada


The following excerpt is from Todoruk v Jones, 2019 BCSC 2175 (CanLII):

Insofar as possible, the plaintiff should be put in the position that she would have been in but for the injuries caused by the defendant’s negligence: Lines v. W & D Logging Co. Ltd., 2009 BCCA 106 at para. 185. The court should compare the likely future of the plaintiff’s working life if the accident had not happened with the plaintiff’s likely future working life after the accident: Gregory v. Insurance Corp. of British Columbia, 2011 BCCA 144 at para. 32.

Other Questions


What is the test for placing a plaintiff in a position where she would have been in a similar position as a result of negligence? (British Columbia, Canada)
What is the test for a plaintiff to prove that negligence was not the sole cause of injury? (British Columbia, Canada)
What is the burden on a plaintiff to prove that their injuries were caused by negligence? (British Columbia, Canada)
Does a plaintiff have to prove that the injuries to her back and nose were caused by the injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant's negligence caused injuries to a plaintiff? (British Columbia, Canada)
What is the test for a plaintiff to be put in a position where they would have been in a similar position if they had not been injured in an accident? (British Columbia, Canada)
Does a plaintiff have to prove that negligence was the sole cause of injury? (British Columbia, Canada)
Does a plaintiff have to establish that negligence was the sole cause of injury? (British Columbia, Canada)
What is the test for determining whether a plaintiff would not have suffered injuries as a result of negligence? (British Columbia, Canada)
Does a plaintiff have to establish that negligence was not the sole cause of injury? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.