What is the test for determining whether to award damages to a plaintiff in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from McKinnon v. Petersen, 2009 BCSC 1071 (CanLII):
The plaintiff relied upon the decision of Wong J. in Ryon v. Whitehouse, 2008 BCSC 1090, where the decision of Masuhara J. in Amador v. Hans, 2004 BCSC 348 (reversed on the issue of damages only at 2005 BCCA 514) was followed. In each of those cases the driver who had gained the right to proceed with caution was held only 10% to blame for failing to appreciate the speed and proximity of oncoming traffic.
"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 factors will be used to determine the quantum of damages awarded to a plaintiff in her motor vehicle accident case? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s claim for damages in a motor vehicle accident is recoverable on appeal? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What are the factors that determine the quantum of damages awarded to a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff is liable for post-accident health issues as a result of a motor vehicle accident? (British Columbia, Canada)
What factors will determine the quantum of damages awarded to a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What factors are considered to determine the quantum of non-pecuniary damages awarded in a motor vehicle accident? (British Columbia, Canada)
