What is the test for determining whether a plaintiff has a pre-existing medical condition?
British Columbia, Canada
The following excerpt is from Pope v. Williams, 2001 BCSC 1657 (CanLII):
The decision of Pryor v. Bains (1986), 69 B.C.L.R. 395 (B.C.C.A.), provides some guidance with respect to the determination of whether or not a plaintiff has a pre-existing condition. The court explained at p. 399-400: I do not consider this to be a case for the application of the ‘thin skull’ principle of assessing damages. The present case, where there was a pre-existing condition as found by the trial judge, already manifest and presently disabling, must be distinguished from the ‘thin skull’ cases where the weakness of latent susceptibility of the victim is quiescent but is activated into being as a result of the tortious conduct of another.
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