When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury?

British Columbia, Canada


The following excerpt is from Mbow v. Choi, 2002 BCPC 492 (CanLII):

The onus in these situations rests with the claimant to prove that all the evidence is consistent with a continuing injury. As McEachern C.J.S.C. (as he then was) said in Price v. Kostryba, supra at para. 6: 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 the complaints of pain persist for long periods extending beyond the normal or usual recovery. Any 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 absence of convincing evidence - which may be just his own evidence if the surrounding circumstances are consistent - that his complaints of pain are true reflections of a continuing injury.

Other Questions


In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
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)
What is the test for assessing damages for personal injury arising from two motor vehicle accidents? (British Columbia, Canada)
Does a plaintiff have to prove that the injuries to her back and nose were caused by the injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the province's position on a claim for damages arising out of a motor vehicle accident? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the test for a claim for damages arising out of a motor vehicle accident? (British Columbia, Canada)
Can an applicant file a separate claim against a third party for damages arising out of a motor vehicle accident? (British Columbia, Canada)
Can a plaintiff claim damages for injuries sustained as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for a plaintiff to claim damages for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.