How have collateral benefits been calculated in a motor vehicle case?
British Columbia, Canada
The following excerpt is from Moulton Contracting Ltd. v. British Columbia, 2014 BCSC 993 (CanLII):
The jury found the plaintiff’s injuries to have been caused solely by the first accident. The trial judge (whose reasons on a collateral benefits issue and on the issue of costs are indexed as Gill v. Lindstrom, 2002 BCSC 1017), held that it had been reasonable for plaintiff’s counsel to have anticipated that in response to a statement of claim concerning the first accident, the defendant would plead that the injuries were attributable to the second accident:
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