What is the difference between the original position and the injured position?
British Columbia, Canada
The following excerpt is from Pevach v McGuigan Estate, 2021 BCSC 1505 (CanLII):
The defendant submitted that the plaintiff had many challenges prior to the accident. Defence counsel emphasized that it is “the difference between the ‘original position’ and the ‘injured position’ which is the plaintiff’s loss”: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, p. 32.
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