Thin Skull and Crumbling Skull. Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 SCR 458. Thin skull and crumbling skull cases deal with plaintiffs that have pre-existing medical conditions. The thin skull rule makes the defendant liable for the plaintiff's injuries even if the injuries are unexpectedly severe owing to a pre-exisiting yet.. 'Thin Skull' or 'Glass Jaw' At the stage of compensation, the thin skull and crumbling skull rules play very different roles. As discussed in more details below, while the thin skull will tend to increase the quantum of damages, the crumbling skull will tend to reduce it. In essence, this is the scenario of the truly vulnerable victim.

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Thin skull and crumbling skull rules are especially relevant in cases involving multiple causes of injury and loss. Athey v. Leonati involves a series of Canadian court decisions that highlight the complexities inherent in applying the thin skull and crumbling skull rules and in using these rules to ensure that pre-injury factors are appropriately weighted in making determinations of cause.. The Court also addresses the difficult and often misunderstood issue of damage awards in cases involving thin skull and crumbling skull plaintiffs. This paper deals with the principles established in the Athey decision and their implications in the areas of causation and damages. The paper begins with a detailed analysis of the Athey case and.