What are the differences between a plaintiff at bar and a previously decided case?
British Columbia, Canada
The following excerpt is from Adkin v. Grant, 2014 BCSC 1304 (CanLII):
I do not intend to review the cases referred to by counsel. There will always be significant differences between the case at bar and previously-decided cases, even when significant similarities may exist. As I said in a previous case (Schafer v. Whitley 2013 BCSC 225, at para. 196): . . . No two plaintiffs will ever be the same in age, previous state of strength and health, occupation and other activities. The injuries sustained by one plaintiff will never be the same as those incurred by another, in kind or severity, and the reaction of any two persons to the pain of a similar injury or to a particular treatment will rarely be the same. Other differences can include the apparent length of the recovery period and, if the plaintiff has not recovered, the kind and extent of residual effects remaining from the injury at the time of trial and whether any of the effects will be permanent.
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