Farrant v. Laktin 2008 BCSC 234 is an important motor vehicle whiplash decision released today. The discussion of Resurfice is especially useful.
The case has an extensive discussion of Resurfice and its application to a Plaintiff's case; here the claim involved soft tissue injuries which apparently aggravated symptoms associated with long standing low back degenerative disc disease. The soft tissue injuries were is found to have been modestly symptomatic but not disabling before the accident.
The Plaintiff developed a disabling chronic pain pattern in his low back after the accident. The Plaintiff ultimately lost on the causation issue.
The case is worth review in the context of whiplash. In all likelihood the Plaintiff would have won this case pre-Resurfice.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
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