Liu v Jiang

The case of Liu v Jiang involved a dispute over a motor vehicle accident. The plaintiff, Liu, sought damages for personal injuries sustained in the accident. The defendant, Jiang, contested the claim, raising issues regarding Liu's previous medical history, language difficulties, and work history. The court was required to assess the credibility of Liu's evidence and determine the apportionment of liability between the parties. The primary legal issue was whether Liu's previous medical history and language difficulties affected her credibility, and if so, how this should be considered in assessing her damages. Additionally, the court needed to determine the circumstances of the accident, given that both parties had different accounts of the events leading up to the collision.

The court found that Liu's credibility was not undermined by her previous medical history or language difficulties. It acknowledged that Liu faced language barriers, which were not fully addressed in the proceedings, but this did not detract from her overall credibility. The court concluded that both parties were equally at fault, as neither had kept a proper lookout prior to the accident. The low-impact nature of the collision did not absolve either party of responsibility. As both drivers were equally negligent, the court applied the doctrine of in pari delicto, resulting in each party being equally responsible for the damages. Consequently, Liu was entitled to recover 50% of the damages she would otherwise have been entitled to.

Following the court's reasoning, the plaintiff was awarded $220,845.50 in damages, representing 50% of the total damages she would have been entitled to had she not been equally at fault. The court refused the defendant's application for indemnity costs and ordered the defendant to pay the plaintiff's costs of the proceedings on the ordinary basis. This decision underscores the importance of considering all factors affecting a plaintiff's credibility, including language barriers, without allowing such factors to unduly influence the outcome of the case.