What is the test for a plaintiff's claim for damages when there is little or no objective evidence of continuing injury?

British Columbia, Canada


The following excerpt is from Parsons v. Ching, 2003 BCPC 378 (CanLII):

Mr. Chief Justice McEachern, C.J.S.C. (as he then was), in the case of Price v. Kostryba, (1982), B.C.J. No. 1482, at page 2 stated: I am not stating any new principle when I say that the court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery. An injured person is entitled to be fully compensated for any injury or disability caused by a wrongdoer. But no one can expect his fellow citizens to compensate him in the absence of convincing evidence - which could be just his own evidence if the surrounding circumstances are consistent - that his complaints of pain are true reflections of continuing injury.

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