How is a plaintiff's claim for damages in a motor vehicle accident determined in two separate actions?
Ontario, Canada
The following excerpt is from Anderson v. Cara Operations Limited (Montana’s Cookhouse), 2009 CanLII 58608 (ON SC):
[20] The second method of determining the plaintiff’s damages from the second accident is known as the “percentage method” whereby the trial will access the global damages and then apportion the percentage of responsibility to the defendants in each accident. Pryor v. Bains (1986), 69 B.C.L.R. 395 (C.A.)
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