Is there any case law that supports the argument that a plaintiff was injured as a result of an actionable wrong?

British Columbia, Canada


The following excerpt is from White v. Gehricke, 2013 BCSC 377 (CanLII):

Notwithstanding the difficulty of assessing this evidence, it is necessary to unravel the different sources of injury. As stated in Blackwater v. Plint, 2005 SCC 58: 74. … Untangling the different sources of damage and loss may be nigh impossible. Yet the law requires that it be done, since at law a plaintiff is entitled only to be compensated for loss caused by the actionable wrong. It is the “essential purpose and most basic principle of tort law” that the plaintiff be placed in the position he or she would have been in had the tort not been committed: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, at para. 32. [Emphasis in original.]

Other Questions


Is there any case law that supports the argument that a plaintiff was entitled to a higher income than he would have if he had not been injured in a motor vehicle accident? (British Columbia, Canada)
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
Is there any case law that supports the argument that a plaintiff has a reasonable cause of action? (British Columbia, Canada)
What is the scope of the duty of care of a plaintiff who was injured as a result of a government action that was not properly characterized as operational? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What is the test for determining whether a defendant is responsible for an injury suffered by a plaintiff as a result of their actions? (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)
What is the liability of a defendant who causes a plaintiff to suffer injuries as a result of their actions? (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)
Is there any case law that supports the argument that a plaintiff has reached a point in time past the point of payment of the required fees? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.