Can a plaintiff's pre-existing condition affect the overall assessment of damages?
British Columbia, Canada
The following excerpt is from Debruyn v Kim, 2021 BCSC 620 (CanLII):
The overall assessment of damages can be reduced if there is a measurable risk that a plaintiff’s pre-existing condition would have detrimentally affected her in the future regardless of the Accidents: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at 473–74.
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