What factors are considered to be a contributory factor in determining whether a plaintiff has been diagnosed with multiple sclerosis?
British Columbia, Canada
The following excerpt is from Hans v. Volvo Trucks North America Inc., 2016 BCSC 1155 (CanLII):
Kirkpatrick J.A. went on to say: I would add the following factors, although they may arguably be subsumed in the above list: (g) impairment of family, marital and social relationships; (h) impairment of physical and mental abilities; (i) loss of lifestyle; and (j) the plaintiff's stoicism (as a factor that should not, generally speaking, penalize the plaintiff: Giang v. Clayton, [2005] B.C.J. No. 163 (QL), 2005 BCCA 54).
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