What do BC Courts do with an indivisible injury claim where the injury arose in the pre ‘minor’ injury caps era and was aggravated after the ‘minor’ injury law came into force?
The first case to address this question found that, in line with the reasoning of Bradley v. Groves, the initial tort feasors can be held liable for the whole of the indivisible loss.
In the recent case (Rabbani-Nejad v. Sharma) the Plaintiff was injured in three collisions. She sued for the first two and liability was admitted. Both these claims preceded the ‘minor’ injury cap. The third crash occurred in the ‘minor’ injury cap era and no lawsuit was started.
The Court found all three crashes contributed to some extent to her injuries. The Court found the first two crashes caused an indivisible injury. The third crash caused some new injury in addition to aggravating the indivisible injury. To the extent of the latter the court found the Defendants were liable for the full extent of the losses from the indivisible injuries including the aggravation from the third crash. In reaching this conclusion Mr. Justice G.C. Weatherill provided the following reasons: