What is the test for a plaintiff to claim damages in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Edmonton (City) v. Hawrelak, 1972 ALTASCAD 85 (CanLII):
It then also becomes obvious in our view that the plaintiff "starts with an unchallengeable case of injury, and the damages given In respect of it should be equivalent to the loss." See Fletcher Moulton L.J. in Chaplin v. Hicks [1911] 2 K.B. 786 at p. 795.
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