What is the test for assessing both contributory and quantum damages in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Da Silva v. Dudas, 1989 CanLII 2772 (BC CA):

Interestingly, in Black v. Lemon, the jury had the task of assessing both contributory causes of loss as well as quantum of damages. At trial, the jury attributed the plaintiff's continued disabilities 99 per cent to the subject accident and 1 per cent to an earlier minor accident for which they held the plaintiff 40 per cent responsible. The defendants appealed the quantum award of the jury and the plaintiff cross-appealed. Having stated the jurisdiction to interfere, this court determined not to interfere and dismissed both the appeal and the cross-appeal.

Other Questions


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 factors will be used to determine the quantum of damages awarded to a plaintiff in her motor vehicle accident case? (British Columbia, Canada)
What factors will determine the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What is the range of factors used to determine the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What factors are considered to determine the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What is the test for assessing damages for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What factors are considered to determine the quantum of non-pecuniary damages awarded in a motor vehicle accident case? (British Columbia, Canada)
Does the "crumbling skull" principle affect the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What is the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
In a motor vehicle accident case, is there any case law where a wife who was a passenger in the vehicle was found to have been driving at the time of the collision? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.