Article
Evidence Over Speculation: The BC Court Of Appeal Revisits Contingency Deductions In Mariotto V. Rowntree Estate 2026 BCCA 215
The British Columbia Court of Appeal examines how courts should assess negative contingency deductions when plaintiffs have pre-existing health conditions, establishing critical evidentiary standards for reducing damages based on psychological vulnerability. This decision clarifies the burden defendants must meet to justify substantial reductions in personal injury awards and distinguishes between proving a contingency exists versus quantifying its likelihood.
CLC (Canadian Litigation Counsel)
