What is the test for proportionality in determining whether a plaintiff has been successful in her claim for damages?
British Columbia, Canada
The following excerpt is from Heuser v Carnovale, 2017 BCSC 855 (CanLII):
Proportionality comes into play in this case. A helpful decision in dealing with proportionality considerations is the decision of Mr. Justice Voith in Kasim v. Spittel, 2013 BCSC 2422 as follows:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What are the factors used in determining whether a plaintiff has been successful in a long-delayed claim? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test to determine whether a party has been "substantially successful" in its claim for damages? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to claim damages for past income loss? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for personal injuries from a pre-existing condition? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to claim damages from a repair and maintenance company? (British Columbia, Canada)
What is the test for “substantial success” in determining whether either party had a good chance of success in their claim? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s claim for damages in a motor vehicle accident is recoverable on appeal? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to full compensation for non-pecuniary damages? (British Columbia, Canada)
