What is the test for damages in a personal injury case?
New Brunswick, Canada
The following excerpt is from Acadian Properties v. R&T Foods, 1986 CanLII 4000 (NB CA):
Bowen L.J. in Ratcliffe v. Evans, [1892] 2 Q.B. 524, said at pp. 532-3: As much certainly and particularity must be insisted on, both in pleading and proof of damage, as is reasonable, having regard to the circumstances and to the nature of the acts themselves by which the damage is done. To insist upon less would be to relax old and intelligible principles. To insist upon more would be the vainest pedantry.
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