What is the crumbling skull doctrine and what is the thin skull rule?

Ontario, Canada


The following excerpt is from Boone v. O’Kelly, 2021 ONSC 2308 (CanLII):

A concise discussion of the thin skull rule and the crumbling skull doctrine is found in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 34 and 35: 34 ... The “crumbling skull” doctrine is an awkward label for a fairly simple idea. It is named after the well-known “thin skull” rule, which makes the tortfeasor liable for the plaintiff's injuries even if the injuries are unexpectedly severe owing to a pre-existing condition. The tortfeasor must take his or her victim as the tortfeasor finds the victim and is therefore liable even though the plaintiff’s losses are more dramatic than they would be for the average person. 35 The so-called “crumbling skull” rule simply recognizes that the pre-existing condition was inherent in the plaintiff’s “original position”. The defendant need not put the plaintiff in a position better than his or her original position. The defendant is liable for the injuries caused, even if they are extreme, but need not compensate the plaintiff for any debilitating effects of the pre-existing condition which the plaintiff would have experienced anyway. The defendant is liable for the additional damage but not the pre-existing damage: Likewise, if there is a measurable risk that the pre-existing condition would have detrimentally affected the plaintiff in the future, regardless of the defendant’s negligence, then this can be taken into account in reducing the overall award: This is consistent with the general rule that the plaintiff must be returned to the position he would have been in, with all of its attendant risks and shortcomings, and not a better position. (Internal citations omitted)

Other Questions


How does the "crumbling skull" doctrine work? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of costs awarded under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
In what circumstances will a judge order an order under Rule 31.03(2) of the Rules 31.10(1) and Rule 30.10? (Ontario, Canada)
How does the "crumbling skull" doctrine affect the award of damages for negligence? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of a costs award under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
How does the "crumbling skull" rule apply to determine liability in a motor vehicle accident? (Ontario, Canada)
In what circumstances will the court award costs under Rule 24(1) of the Rules of Civil Procedure in a family law case? (Ontario, Canada)
What is the test for making an Order under Rule 33 of the Rules of Civil Procedure? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
How does rule 16 of the Rules of Civil Procedure apply to summary judgment? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.