What is the test for a plaintiff in a motor vehicle accident where they are in a different position than they would have been if the accident had not occurred?
British Columbia, Canada
The following excerpt is from Harris v Gill, 2019 BCSC 1665 (CanLII):
A fundamental principle of tort law is that, to the extent a monetary award can accomplish it, a plaintiff should be placed in the same position he or she would have been in had the accident not occurred. The plaintiff should not be placed in a better position: Parypa v. Wickware, 1999 BCCA 88 at para. 29.
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