What is the test for proving that a plaintiff continued to suffer pain as of the date of trial?

British Columbia, Canada


The following excerpt is from Stephenson v. Lee, 2013 BCSC 1617 (CanLII):

In assessing the plaintiff’s claims I accept the observations in Butler v. Blaylock, [1983] B.C.J. No. 1490 (B.C.C.A.) at para.13: 13 There are three basic reasons which, in my view, support the conclusion that the plaintiff continued to suffer pain as of the date of trial. Firstly, the plaintiff testified that he continued to suffer pain. His wife corroborated this evidence. The learned trial judge accepted this evidence but held that there was no objective evidence of continuing injury. It is not the law that if a plaintiff cannot show objective evidence of continuing injury that he cannot recover. If the pain suffered by the plaintiff is real and continuing and resulted from the injuries suffered in the accident, the plaintiff is entitled to recover damages. There is no suggestion in this case that the pain suffered by the plaintiff did not result from the accident. I would add that a plaintiff is entitled to be compensated for pain, even though the pain results in part from the plaintiff's emotional or psychological makeup and does not result directly from objective symptoms. [emphasis added.]

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