Isert v. Santos

Isert v. Santos

Appeal allowed in part: awards for loss of entitlement to claim business expenses (past and future) were unsupported by evidence and must be set aside; discretionary bonuses should not be included in computing impairment of future earning capacity absent evidence of entitlement, and the award for future earning...

Source-derived case information.

Citation
1999 BCCA 42
Parties
Plaintiff (respondent): Lynn Isert; Defendant (appellant): Ma Rojwena Garcia Santos; Defendant (appellant): Virgilio Rabe Jr.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
26 January 1999
Procedural Posture
Civil Personal Injury (motor Vehicle) / Appeal to Court of Appeal (judgment)
Outcome
Appeal allowed in part (majority): items for loss of entitlement to claim business expenses set aside; impairment of future earning capacity and non-pecuniary damages reduced.
Legal Topics
Non Pecuniary Damages, Future Earning Capacity, Loss of Discretionary Bonus, Deductibility of Business Expenses, Causation, Evidence and Proof
Source Language
english
Tort Personal Injury Motor Vehicle Law Damages Tax Law Non Pecuniary Damages Future Earning Capacity Loss of Discretionary Bonus +3 more

Source-derived case record

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Parties

Lynn Isert

Plaintiff (respondent)

Ma Rojwena Garcia Santos

Defendant (appellant)

Virgilio Rabe Jr.

Defendant (appellant)

Procedural Posture

Civil Personal Injury (motor Vehicle) / Appeal to Court of Appeal (judgment)

Legal Issues

  1. 1 Whether awards for loss of entitlement to claim business expenses as tax deductions (past and future) were supported by evidence
  2. 2 Whether discretionary bonuses should be included in calculating impairment of future earning capacity
  3. 3 Whether non-pecuniary damages of $60,000 were excessive given findings of functional impairment

Ratio Decidendi

Appeal allowed in part: awards for loss of entitlement to claim business expenses (past and future) were unsupported by evidence and must be set aside; discretionary bonuses should not be included in computing impairment of future earning capacity absent evidence of entitlement, and the award for future earning capacity and non-pecuniary damages were excessive and properly reduced to $40,000 each (majority judgment).

Court Disposition

Appeal allowed in part (majority): items for loss of entitlement to claim business expenses set aside; impairment of future earning capacity and non-pecuniary damages reduced.

Orders

  • Set aside awards for loss of entitlement to claim business expenses (items 3 and 5)
  • Reduce award for impairment of future earning capacity (item 4) to $40,000.00