What is the test for determining whether a plaintiff has been diagnosed with dementia?
British Columbia, Canada
The following excerpt is from Rahemtulla v Sutton, 2019 BCSC 1105 (CanLII):
As an initial threshold issue, the plaintiff must demonstrate: (a) impairment to earning capacity; and (b) a real and substantial possibility that the diminishment in earning capacity will result in a pecuniary loss. It is not to be an exercise in the abstract though at the same time it was described in Andrews v. Grand & Toy Alberta Ltd., (1978), 1978 CanLII 1 (SCC), 83 D.L.R. (3d) 452 (S.C.C.) as “gaz[ing] … deeply into the crystal ball”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What relevant contingencies need to be considered in determining if a plaintiff has been diagnosed with dementia? (British Columbia, Canada)
What is the test for determining whether a plaintiff has been diagnosed with multiple sclerosis? (British Columbia, Canada)
What is the relevant test for determining whether a plaintiff has a "robust attitude" to a plaintiff? (British Columbia, Canada)
What factors are considered to be a contributory factor in determining whether a plaintiff has been diagnosed with multiple sclerosis? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
Is a plaintiff’s mental health impairment a contributory factor in determining whether she is entitled to compensation for cleaning services provided to her client? (British Columbia, Canada)
What is the test for determining whether a plaintiff should have to pay additional special costs in a personal injury action? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to full compensation for non-pecuniary damages? (British Columbia, Canada)
What is the test for determining whether a plaintiff was injured as a result of a motor vehicle accident? (British Columbia, Canada)
