What is the test for damages for a plaintiff in a motor vehicle accident?

Alberta, Canada


The following excerpt is from Bourassa v. Ryan, 1997 CanLII 14924 (AB QB):

Major, J., stated at page 472 of Athey v. Leonati, supra: … The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s negligence (the “original position”). However, the plaintiff is not to be placed in a position better than his or her original one. It is therefore necessary not only to determine the plaintiff’s position after the tort but also to assess what the “original position” would have been. It is the difference between these positions, the “original position” and the “injured position”, which is the plaintiff’s loss. Damages

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