What are the damages for pre-trial expenses incurred by a plaintiff as a result of her injuries?

British Columbia, Canada


The following excerpt is from Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 (CanLII):

The plaintiff is entitled to recover as special damages all the pre-trial expenses she incurred as a result of her injuries, so long as they were caused by the tort and the decision to incur them was reasonable. The approach to special damages is based on the principle that the plaintiff is to be restored to the position she would have been in had the accident not occurred. A court should award special damages if the expenses incurred were reasonably necessary: Mitchell v. We Care Health Services Inc., 2004 BCSC 902 at paras. 33-34.

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