Can a plaintiff’s problems with his neck and back affect his ability to work?

British Columbia, Canada


The following excerpt is from Jackson v. Mongrain, 2010 BCSC 1866 (CanLII):

The plaintiff’s problems with his knees are obviously “divisible” from his problems with his neck and back. But a worker in the plaintiff’s position could see his capacity to earn income adversely affected by problems with the knees. Is this a case in which the award of damages under one or more headings must be reduced from what it otherwise might be because the trier of fact is convinced that there was “a measureable risk that a previously existing condition would have detrimentally affected the plaintiff in future regardless of the defendant’s negligence” (Laidlaw v. Couturier, 2010 BCCA 59, paragraph 46).

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