Legal Resource – Stay Current

We share a quotation from a Judge in a 2024 BCSC Court published decision (link below) regarding the general principles on causation of loss and pre-existing injury. 

In recent years, I have been called upon to decide a series of cases involving plaintiffs injured in motor vehicle accidents who have been left with lifelong chronic pain. In all these cases (and others), I generally follow the same format for the reasons for judgment and have adopted the same approach in this case. It is also my practice to expressly refer counsel to these cases at trial, not only so they may have an understanding of the methodology employed but also so they may correct “errors” and/or otherwise “update” those principles to reflect the most recent case law from the Court of Appeal on matters such as pre-existing injury, hypotheticals and contingencies, loss of earning capacity, and the like.  Recent examples are: 

Kallstrom v. Yip, 2016 BCSC 829;

Meckic v. Chan, 2022 BCSC 182;

MacKinnon v. Swanson, 2022 BCSC 1821, affirmed on appeal 2024 BCCA 95; and,

Thiessen v. Kepfer, 2023 BCSC 1593.

Case Reference:

Moen v Grantham, 2024 BCSC 937 (CanLII)

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