In a personal injury action for damages for personal injury, what is the current state of the law on pain?
British Columbia, Canada
The following excerpt is from Worobetz v. Fooks, 2015 BCSC 150 (CanLII):
In Butler v. Blaylock, decided 7th October 1981, Vancouver No. B781505 (unreported), I referred to counsel’s argument that a defendant is often at the mercy of a plaintiff in actions for damages for personal injuries because complaints of pain cannot easily be disproved. I then said: 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.
The defendant also refers to White v. Stonestreet, 2006 BCSC 801, where the court considered the reliability of a temporal connection in finding causation. At paras. 74-75, Ehrcke J. wrote:
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