Dhaliwal v. Greyhound Canada Transportation Corp.

Dhaliwal v. Greyhound Canada Transportation Corp.

The appeal is allowed in part: the trial judge's factual findings, credibility assessments and quantification of future loss of earning capacity are upheld; however, a calculation error (one month of past income) is corrected and the award for past loss during the Mackenzie Mill shutdown (April 1, 2008 to October 1,...

Source-derived case information.

Citation
2017 BCCA 260
Parties
Respondent (plaintiff): Ujagar Singh Dhaliwal; Appellant (defendant): Greyhound Canada Transportation Corp.; Appellant (defendant): Jaskaran Singh Dhillon
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
12 July 2017
Procedural Posture
Personal Injury (tort) Appeal / Court of Appeal Decision on Appeal From Supreme Court of British Columbia (trial Judgment)
Outcome
Appeal allowed in part; trial judgment otherwise upheld
Legal Topics
Loss of Earning Capacity, Past Loss Vs Hypothetical Events, Future Loss of Earnings, Assessment of Damages, Credibility of Witnesses, Expert Evidence, Surveillance Evidence
Source Language
english
Torts Personal Injury Damages Appeal Loss of Earning Capacity Past Loss Vs Hypothetical Events Future Loss of Earnings Assessment of Damages +3 more

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Summary, issues, holding and outcome

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Parties

Ujagar Singh Dhaliwal

Respondent (plaintiff)

Greyhound Canada Transportation Corp.

Appellant (defendant)

Jaskaran Singh Dhillon

Appellant (defendant)

Procedural Posture

Personal Injury (tort) Appeal / Court of Appeal Decision on Appeal From Supreme Court of British Columbia (trial Judgment)

Legal Issues

  1. 1 Whether trial judge gave sufficient reasons
  2. 2 Whether trial judge misconstrued evidence (surveillance, expert opinion, availability of alternative work)
  3. 3 Whether assessment of past and future loss of earning capacity was legally sound and properly calculated

Ratio Decidendi

The appeal is allowed in part: the trial judge's factual findings, credibility assessments and quantification of future loss of earning capacity are upheld; however, a calculation error (one month of past income) is corrected and the award for past loss during the Mackenzie Mill shutdown (April 1, 2008 to October 1, 2009) must be discounted by 20% to reflect an 80% probability that the plaintiff would have obtained alternative mill work; otherwise the trial decision stands.

Court Disposition

Appeal allowed in part; trial judgment otherwise upheld

Orders

  • Reduce past loss award by one month's income to correct calculation error
  • Discount past loss of earning capacity for the period April 1, 2008 to October 1, 2009 by 20% (reflecting an 80% probability the plaintiff would have found other mill work)