What is the effect of bad behaviour on a plaintiff’s claim for damages?

Salmon, L.J., was also a member the court in Lane v. Holloway and in agreeing with Lord Denning stated at p. 133: “I entirely reject the contention that because a plaintiff, who has suffered a civil wrong, has behaved badly, this is a matter which a court may take into account when awarding him compensatory damages for physical injuries which he has sustained as the result of a wrong which has been unlawfully inflicted on him. “I would unhesitatingly come to that view without any authority at all. I cannot see how logically or on any principle of law, the fact that the plaintiff has behaved rather badly and is a cantankerous old man can be even material when considering what is that proper compensation for the physical injury which he has suffered.”

Lane v. Holloway greatly influenced Canadian jurisprudence on the subject and in Manitoba and Ontario at least resulted in a turnabout and the rejection of the traditional Canadian position that in assault cases evidence of provocation should be considered in mitigation of the damages.