British Columbia v. Zastowny

British Columbia v. Zastowny

A plaintiff cannot recover wage loss for periods of incarceration imposed as a lawful criminal sanction because such recovery would constitute a rebate of criminal penalties and undermine the integrity of the legal system under the ex turpi causa doctrine; therefore past wage awards must exclude periods of actual imprisonment, and future earnings awards may be reduced to reflect the realistic risk of future incarceration (recidivism).

Citation
2008 SCC 4
Parties
Appellant/respondent on Cross Appeal: Her Majesty the Queen in Right of the Province of British Columbia; Respondent/appellant on Cross Appeal: Dean Richard Zastowny
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 February 2008
Procedural Posture
Civil Tort Appeal / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Damages, Past Wage Loss, Future Wage Loss, Incarceration, Ex Turpi Causa Non Oritur Actio, Novus Actus Interveniens, Vicarious Liability, Parole Eligibility, Recidivism, Causation
Source Language
English
Torts Damages Past Wage Loss Future Wage Loss Incarceration Ex Turpi Causa Non Oritur Actio Novus Actus Interveniens Vicarious Liability +3 more

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Parties

Her Majesty the Queen in Right of the Province of British Columbia

Appellant/respondent on Cross Appeal

Dean Richard Zastowny

Respondent/appellant on Cross Appeal

Procedural Posture

Civil Tort Appeal / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal

Legal Issues

  1. 1 Whether plaintiff may recover wage loss for periods of incarceration
  2. 2 Whether recovery may be limited to time after parole eligibility
  3. 3 Whether ex turpi causa bars recovery for wage loss while incarcerated

Ratio Decidendi

A plaintiff cannot recover wage loss for periods of incarceration imposed as a lawful criminal sanction because such recovery would constitute a rebate of criminal penalties and undermine the integrity of the legal system under the ex turpi causa doctrine; therefore past wage awards must exclude periods of actual imprisonment, and future earnings awards may be reduced to reflect the realistic risk of future incarceration (recidivism).

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Allow appeal and reduce award for past wage loss to exclude all periods of incarceration between 1988 and 2003
  • Dismiss cross-appeal and uphold reduction of future wage loss to reflect high risk of recidivism