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Originally Posted by Surestick What's the eggshell plaintiff rule? |
We refer to it here as the "thin skull rule" and it states that you take your person/victim as you find them. We apply it here (to my understanding) in Criminal proceedings as well, as a local Crown Attorney was discussing it in a one-punch murder case here in Ottawa.
John - I like what you are saying from a "he can make it work" point of view: The original trial judge awarded the damages, they were subsequently overturned on appeal, and upheld at the SCC. So somewhere, someone (wiser than I) saw it the way you described it; that much is for certain.