What is the range of damages for a plaintiff who sustained injuries in a motor vehicle accident as a result of abuse?

British Columbia, Canada


The following excerpt is from B. (M.) v. British Columbia, 2001 BCCA 227 (CanLII):

The task of separating the consequences of the prior and subsequent abuse is no doubt very difficult, as the trial judge observed. Robertson J.A. recognized the difficulty in Long v. Thiessen, supra, a case involving injuries sustained in successive motor vehicle accidents (at 591): Because the injuries inflicted in the second accident were superimposed upon the then residual effects of the injuries inflicted in the first accident, it is a matter of the greatest difficulty to determine what damages should be awarded for each set of injuries. The plaintiff should not receive more in respect of the first accident than he would if the second had not occurred; nor should he receive less because it did occur.

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