What is the test for determining whether a defendant is liable for additional damage to a plaintiff's asymptomatic, but not debilitating, pre-existing injury?
British Columbia, Canada
The following excerpt is from Grigor v. Johal, 2008 BCSC 1823 (CanLII):
Applying these principles to a situation in which the plaintiff's alleged injuries or at least one of their injuries are aggravations and/or accelerations of pre-existing injuries (symptomatic and asymptomatic), the defendant is liable for the additional damage to that injury resulting from his/her negligence. The defendant need not compensate the plaintiff for any debilitating effects of a pre-existing condition which the plaintiff would have experienced anyway. Likewise, if there is a measurable risk that the pre-existing condition would have detrimentally affected the plaintiff in the future regardless of the defendant's negligence, then this can be taken into account in reducing the overall award: Athey v. Leonati.
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