What is the current state of the law on crumbling skull?
British Columbia, Canada
The following excerpt is from Hosking v. Mahoney, 2009 BCSC 803 (CanLII):
In Zaruk v. Simpson, 2003 BCSC 1748, 22 B.C.L.R. (4th) 43, Garson J. (then on the trial court) was dealing with a crumbling skull situation and noted at para. 34 the following comments of McLachlin C.J.C. in K.L.B. v. British Columbia, 2003 SCC 51, [2003] 2 S.C.R. 403 at para. 60: This [crumbling skull] rule is intended to ensure that the plaintiff is not put in a position better than that which he or she would have been in had the tort not been committed. It applies where the plaintiff has a pre-existing condition that would have caused or increased the risk of damage in any case.
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