Sentences with phrase «indivisible injuries»
The phrase "indivisible injuries" means that the harm or damage caused cannot be separated or divided into smaller parts. It refers to injuries that are connected and cannot be split apart or evaluated separately. Full definition
Last year Mr. Justice Burnyeat reasoned, in Pinch v. Hofstee, that a Plaintiff's damages for indivisible injuries must be reduced to the extent that one of the events causing / contributing to the injury arose from a matter where tort litigation is barred by the Workers Compensation Act.
bc-injury-law.com
Given that the nature of the injuries were similar between the two accidents, the principle of indivisible injuries was considered by the Court.
[7] The defendants» response is that the case reflected complex causation issues involving indivisible injuries.
You might say «hold on now, indivisible injury presumes a finding that each of tortious acts could have been, in fact, a but - for cause of the injury.»
Tags: Damages for Breach of Charter Rights, Henry v. British Columbia, Indivisible Injuries, Mr. Justice Hinkson
Ontario's Negligence Act4 (the «Act») makes clear that in the event that more than one tortfeasor causes or contributes and an indivisible injury, the injured party may recover the entirety of their damages from any individual defendant, notwithstanding their respective degree of fault.
Indivisible injuries can be injuries that can not be separated, such as aggravation or exacerbation of an earlier injury; can be an injury to the same area of the body; or, can be global symptoms that are impossible to separate.
· Ms. Kirkham's soft tissue injuries and the concussion she suffered in the bike crash both resulted in deconditioning that, in turn, caused Ms. Kirkham's left hip girdle pain, which is an indivisible injury.
What, then, is the status of the indivisible injury doctrine for instances where all of the alleged causes are tortious?
Tags: bc injury law, Bradley v. Groves, chronic soft tissue injuries, ICBC Shoulder Injury Cases, Indivisible Injuries, Kaleta v. MacDougall, Mr. Justice Truscott Posted in ICBC Shoulder Injury Cases, ICBC Soft Tissue Injury Cases, Uncategorized Direct Link Comments Off top ^
Today the Chief Justice of the BC Supreme Court published reasons for judgement finding that the «indivisible injury» assessment that developed under tort law is equally applicable when damages are being assessed for a Charter breach.
Chief Justice Hinkson agreed and in ordering that the principles of «indivisible injury» assessment apply to Charter damages provided the following reasons:
Tags: Damages for Breach of Charter Rights, Henry v. British Columbia, Indivisible Injuries, Mr. Justice Hinkson Posted in Damages for Charter Breaches Direct Link Comments Off top ^