What is the role of damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Rhodes v. Biggar, 2010 BCSC 762 (CanLII):
The role that damages plays is to place the plaintiff, as much as possible, in her original position. It is not the obligation of the defendant to put the plaintiff in a better condition than she was in. As noted in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 35, 140 D.L.R. (4th) 235, per Mr. Justice Major:
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