What is the legal test for using the "value survived" approach when determining damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Rockwell v. Fay, 2009 BCSC 935 (CanLII):
The Court of Appeal has approved of the use of the “value survived” approach when determining a monetary award: Shannon v. Gidden, 1999 BCCA 338, 71 B.C.L.R. (3d) 40 at para. 29.
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