What is the test for determining whether a plaintiff’s pre-existing medical condition is to be considered a contributory factor in his claim?
British Columbia, Canada
The following excerpt is from Cunningham v Greer, 2019 BCSC 1208 (CanLII):
To ensure that the plaintiff is not left in a better position than he would otherwise have been in, the court needs to determine the plaintiff’s original position and the effects of pre-existing conditions and intervening events: Khudabux v. McClary, 2018 BCCA 234 at para. 41.
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