This presentation discusses the general legal principles involved in assessing divisible and indivisible injuries, and describes recent to changes in the case law in that regard. It suggests a number of methods for avoiding a finding of indivisible injury and give some examples of these methods in the case law. The presentation also provides a 5-step process for analyzing indivisible injuries and preparing the defence of files where indivisible injuries are at issue. The presentation concludes by describing a number of scenarios and applying the 5-step analysis to them.
June.21.2018