Is a plaintiff entitled to compensation for injuries sustained in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Ben-Yosef v. Dasanjh, 2016 BCSC 360 (CanLII):

Although the plaintiff had a pre-existing medical condition, the defendants also admit that the symptoms caused by the 1998 accident were aggravated somewhat by the 2011 accident. In my view the degree of aggravation was minimal. Nevertheless, the defendants must take the plaintiff as he was at the time of the accident. A plaintiff whose pre-existing physical condition makes him more vulnerable to sustaining injury is nevertheless entitled to be compensated for his injury. However, the defendants do not, by monetary compensation, have to put the plaintiff in a better position than he was in before the accident. (Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458)

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