What is the test for determining whether a plaintiff has sustained a permanent, long-term disability?
British Columbia, Canada
The following excerpt is from Duncan v Hanson, 2021 BCSC 937 (CanLII):
Where an award of damages based upon the permanency of an injury or functional incapacity is sought, it is incumbent upon the plaintiff to demonstrate the permanency of her injuries with cogent evidence. The court is entitled to rely on common sense to determine if there is a real and substantial possibility of future loss of income, per Morlan v. Barrett, 2012 BCCA 66:
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