What is the current state of the law on the "Golden Years" doctrine?

British Columbia, Canada


The following excerpt is from Lewis v Worth, 2020 BCSC 57 (CanLII):

Some authorities such as Johal v. Radek, 2016 BCSC 454 [Johal] and Basic v. Barjaktarovic, 2019 BCSC 142 appear to have elevated the second line of reasoning to the status of doctrine (the “Golden Years” doctrine). Other decisions appear to have been uncomfortable with the suggestion that advanced age somehow enhances the value of being able to live out the balance of life without injury or disability caused by tort, and have concluded that the so-called “Golden Years” doctrine and its counter-argument of the plaintiff’s advanced age in effect cancel each other out. See for instance Johal at para. 52.

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