What is the legal test for denying recovery in a personal injury action?
British Columbia, Canada
The following excerpt is from Nielson v. Dawes, 2013 BCSC 375 (CanLII):
If the court concludes that there is no juristic reason to deny recovery, the court must then review possible defences such as a change of position; estoppel; statutory defences; laches and acquiescence; limitation periods; and counter-restitution: Wilson v. Fotsch, 2010 BCCA 226 at para. 11.
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