If a plaintiff is found to be at fault for the Second Accident, what are the damages for that accident?
British Columbia, Canada
The following excerpt is from Sharma v Day, 2020 BCSC 1365 (CanLII):
However, if the plaintiff is found to be at fault for the Second Accident, then damages attributable to that accident must be in some manner removed from the overall award despite the fact that the plaintiff suffered indivisible injuries. In Demidas v. Poinen, 2012 BCSC 416 [Demidas], Justice Humphries addressed the process for assessing damages in such circumstances:
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