The range of general damages that may be available to the plaintiff vary widely and hinge to a significant extent on proof that the labral tears were “caused” by the accident, within the meaning of Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. There is certainly some evidence at this stage that would suggest that they were causally linked, however, the degree of the plaintiff’s impairment and the time required for the plaintiff’s injuries to resolve will depend on the findings of a court in possession of medical evidence that speaks clearly to those questions and which is not before the court in this motion.
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