Is a plaintiff entitled to compensation for the impairment he sustained in a motor vehicle accident?

Yukon, Canada


The following excerpt is from Mineault v. Takhini Hot Springs Ltd., 2002 YKSC 48 (CanLII):

Mr. Justice Finch also cited the case of Palmer v. Goodall, supra, wherein Madam Justice Southin said at p. 59: Because it is impairment that is being redressed, even a plaintiff who is apparently going to be able to earn as much as he could have earned if not injured or who, with retraining, on the balance of probabilities will be able to do so, is entitled to some compensation for the impairment. He is entitled to it because for the rest of his life some occupations will be closed to him and it is impossible to say that over his working life the impairment will not harm his income earning ability.

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