Is a plaintiff entitled to sue for damages arising out of negligence?
British Columbia, Canada
The following excerpt is from E.P. v. J.E.S., 2002 BCSC 588 (CanLII):
J.E.S. bears responsibility for the harm which he caused but not for the harm caused by M.S. In Athey v. Leonati 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 (S.C.C.) Major J. recognized that the plaintiff was entitled to be put in the “original position”, that being “the position she would have been in absent the defendant’s negligence”.
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