The common law of damages in British Columbia is, generally speaking, that a plaintiff injured by the wrongful conduct of a negligent party can only recover for his or her actual loss. Where the plaintiff has received medical care and services which were paid for by public as opposed to private insurance, he or she cannot claim for the cost of those services in the absence of an express statutory right as he or she has suffered no identifiable loss: see Wallace Estate v. Taylor; [1990] B.C.J. No. 2825 (S.C.) (Q.L.); varied [1992] B.C.J. No. 2154 (C.A.) (Q.L.) and Semenoff (Committee) v. Kokan, [1991] B.C.J. No. 2674 (C.A.) (Q.L.). If the plaintiff has no claim, then the government who provided the services has nothing to subrogate against.

type Insurance and Tort Liability Alert - February 2009 - After Previous Attempts Failed, British Columbia is Clearly Now the Latest Health Care Cost Recovery Jurisdiction