Morgan v. Galbraith

Parties

Procedural Posture

Personal Injury (motor Vehicle) Appeal / Appeal From Supreme Court of British Columbia on Assessment of Damages; Remitted to Trial Judge for Reassessment

Legal Issues

1. 1 Whether plaintiff proved a real and substantial possibility of future loss of earning capacity under Perren
2. 2 Whether the trial judge provided adequate factual findings to quantify future loss of earning capacity
3. 3 Proper quantification of past wage loss given plaintiff's change of career

Ratio Decidendi

The Court held that although the trial judge permissibly found the accident caused a persisting impairment and therefore a future loss of earning capacity, the judge failed to provide adequate factual findings to support the $700,000 quantification; accordingly the awards for past loss of income and future loss of earning capacity were set aside and remitted for reassessment, while the future cost of care award was upheld and the cross-appeal against the mitigation reduction of non-pecuniary damages was dismissed.

Court Disposition

Appeal allowed in part: awards for past loss of income and future loss of earning capacity set aside and remitted to trial judge for reassessment; award for future cost of care upheld; cross-appeal dismissed.

Orders

• Set aside awards for past loss of income and future loss of earning capacity and remit those issues to the trial judge for reassessment in accordance with reasons
• Uphold the trial judge's award for future cost of care in the amount awarded