How have the courts in B.C. considered the reasonableness of the actions of a plaintiff’s who was alleged to have failed to follow and adhere to exercise recommendations?

British Columbia, Canada


The following excerpt is from Antoniali v. Massey, 2008 BCSC 1085 (CanLII):

In Savage v. Townsend, [1998] B.C.J. No. 2190 (S.C.) Holmes J. considered the reasonableness of the actions of a plaintiff’s who was alleged to have failed to undertake and adhere to regular exercise programs recommended by her doctors. He said (at para. 89 - 90): A defendant who injures a plaintiff is not entitled to expect perfection from the injured person in pursuing rehabilitation. The plaintiff must be reasonable and sincere in her efforts to promote recovery. The plaintiff was less than perfect, and undoubtedly paid a price in pain and discomfort on occasion. I accept however the plaintiff met a reasonable standard of care concerning exercise with regard to her own rehabilitation. The defendant has not met the onus of proof required for the plaintiff to be found to have contributed to her own damages. In the assessment of her non-pecuniary damages however I have taken account of the need for the plaintiff to follow an almost daily regime in the future and assumed she will benefit accordingly.

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