Toneguzzo-Norvell (Guardian ad litem of) v. Burnaby Hospital

Toneguzzo-Norvell (Guardian ad litem of) v. Burnaby Hospital

The Court restored deference to the trial judge on factual assessments of life expectancy because the trial judge's weighing of expert testimony and the statistical study was within his province and not shown to be a palpable or overriding error; however, the Court upheld a 50% deduction for personal living expenses from the award for lost earning capacity in the 'lost years' to avoid duplication and overcompensation.

Citation
[1994] 1 SCR 114
Parties
Appellant / Plaintiff: Jessica Teresa Toneguzzo‑Norvell (infant) by Rosetta Carmela Toneguzzo, guardian ad litem; Guardian Ad Litem / Plaintiff: Rosetta Carmela Toneguzzo; Respondent / Defendant (physician): Nelson Savein; Respondent / Defendant (hospital): Burnaby Hospital
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 January 1994
Procedural Posture
Torts Personal Injury (medical Negligence) / Appeal to Supreme Court of Canada From British Columbia Court of Appeal Concerning Assessment of Damages (life Expectancy and Future Income Loss)
Outcome
Appeal allowed in part: trial judge's finding on life expectancy restored (22.5 years from date of trial); Court of Appeal's 50% deduction for personal living expenses in the lost years upheld; otherwise leave to the courts below for assessment of costs.
Legal Topics
Life Expectancy, Future Income Loss, Deduction for Personal Living Expenses, Standard of Appellate Review, Weight of Expert and Statistical Evidence
Source Language
English
Torts Personal Injury Medical Negligence Damages Appeals Life Expectancy Future Income Loss Deduction for Personal Living Expenses +2 more

Case Brief

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Parties

Jessica Teresa Toneguzzo‑Norvell (infant) by Rosetta Carmela Toneguzzo, guardian ad litem

Appellant / Plaintiff

Rosetta Carmela Toneguzzo

Guardian Ad Litem / Plaintiff

Nelson Savein

Respondent / Defendant (physician)

Burnaby Hospital

Respondent / Defendant (hospital)

Procedural Posture

Torts Personal Injury (medical Negligence) / Appeal to Supreme Court of Canada From British Columbia Court of Appeal Concerning Assessment of Damages (life Expectancy and Future Income Loss)

Legal Issues

  1. 1 Whether the Court of Appeal properly substituted its own assessment of life expectancy for that of the trial judge
  2. 2 Whether the trial judge erred in using female earning tables and in failing to account adequately for loss of marriage benefits
  3. 3 Whether a deduction for personal living expenses should be made from awards for lost earning capacity during the 'lost years' (years after projected death)

Ratio Decidendi

The Court restored deference to the trial judge on factual assessments of life expectancy because the trial judge's weighing of expert testimony and the statistical study was within his province and not shown to be a palpable or overriding error; however, the Court upheld a 50% deduction for personal living expenses from the award for lost earning capacity in the 'lost years' to avoid duplication and overcompensation.

Court Disposition

Appeal allowed in part: trial judge's finding on life expectancy restored (22.5 years from date of trial); Court of Appeal's 50% deduction for personal living expenses in the lost years upheld; otherwise leave to the courts below for assessment of costs.

Orders

  • Restore trial judge's life expectancy finding of 22.5 years from date of trial
  • Affirm deduction of 50% for personal living expenses from award for lost earning capacity during the 'lost years'