What factors must a court consider when deciding whether to award damages in a personal injury action?
British Columbia, Canada
The following excerpt is from University of B.C. v. Moscipan, 2012 BCSC 292 (CanLII):
Fisher J. also found that the court should take a flexible approach considering the interests of both parties, stating at para. 37: Applying the flexible approach in Mooney v. Orr, the court may consider the interests of both parties, taking into account a number of factors, including the strength of the plaintiff's case, the nature of the transaction giving rise to the action, the risks inherent in that transaction, the amount of the claim, the defendant's assets and the history of the defendant's conduct.
"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 factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What factors will be considered by the Court in awarding non-pecuniary damages in a personal injury action? (British Columbia, Canada)
What factors will the court consider when determining whether to award double costs in a personal injury action? (British Columbia, Canada)
What factors should be considered in determining the amount of damages awarded by the Court in a personal injury case? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
What factors will the court consider when deciding whether to grant costs to a party seeking damages under the Negligence Act? (British Columbia, Canada)
What factors are considered by the Court in deciding whether to award full custody to one or both of the parents? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
