What is the test for putting a plaintiff in a position he or she would have been in today if he had not been injured in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Nguyen v Bhatti, 2017 BCSC 1537 (CanLII):
Insofar as it is possible, the plaintiff should be put in the position he or she would have been in but for the injuries caused by the defendant’s negligence: Lines v. W & D Logging Co. Ltd., 2009 BCCA 106, leave to appeal refused [2009] S.C.C.A. No. 197, at para. 185. The essential task of the court is to compare the likely future of the plaintiff’s working life if the accident had not happened with the plaintiff’s likely future working life after the accident has happened: Gregory at para. 32.
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