What is the current state of the law in Canada when there is little or no objective evidence of continuing injury?

British Columbia, Canada


The following excerpt is from Peacock v. Battel, 2013 BCSC 958 (CanLII):

McEachern C.J.S.C. made reference to an earlier decision, Butler v. Blaylock, [1981] B.C.J. No. 31, where he stated as follows: 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 and properly compensated for any injury or disability caused by a wrongdoer. But no one can expect his fellow citizen or 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 a continuing injury.

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