What is the test for calculating damages for personal injury in a personal injury case?
British Columbia, Canada
The following excerpt is from Mickelson v Sodomsky, 2019 BCSC 806 (CanLII):
The principles to be applied in making the assessment under this head of damages were summarized in Falati v. Smith, 2010 BCSC 465 at para. 41, aff’d 2011 BCCA 45. The task is to make a fair and reasonable award of damages, not to calculate them mathematically. In assessing damages, real and substantial possibilities of loss are to be weighed according to their relative likelihood while making allowances for the chance that the assumptions upon which an award is based may prove to be wrong.
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