What are the factors used to determine whether a plaintiff is contributorily negligent for 15% of her injuries?
British Columbia, Canada
The following excerpt is from Tabrizi v. Whallon Machine Inc., 1996 CanLII 431 (BC SC):
In Sayers v. Fediuk, Braidwood J. stated that the most important of these factors is whether or not injustice will result. In that case, Braidwood J. held that because the defendant's failure to make an appropriate formal offer to settle resulted in the plaintiff's having to go to trial to obtain appropriate compensation, injustice would result if the plaintiff did not receive 100% of her costs. In that case, the plaintiff had been found to be contributorily negligent for 15% of her injuries.
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