Cumming v. White Estate
The Court of Appeal concluded the trial judge erred in finding no causation; some loss of earnings was caused by the accident and the proper award for that pecuniary loss was fixed at $20,000; costs awarded to the appellant.
Source-derived case information.
- Citation
- 2000 BCCA 238
- Parties
- Plaintiff (appellant): Dorothy Cumming; Defendant (respondent): Barry White, Deceased
- Court
- British Columbia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 March 2000
- Procedural Posture
- Civil: Personal Injury Motor Vehicle Collision / Appeal From Trial Judgment on Damages to Court of Appeal
- Outcome
- Appeal allowed in part; trial judge's finding of no causation reversed and damages fixed at $20,000; costs to the appellant.
- Legal Topics
- Loss of Earnings, Causation, Quantification of Damages, Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Cumming
Plaintiff (appellant)
Barry White, Deceased
Defendant (respondent)
Procedural Posture
Civil: Personal Injury Motor Vehicle Collision / Appeal From Trial Judgment on Damages to Court of Appeal
Legal Issues
- 1 Whether the plaintiff proved loss of earnings caused by the accident
- 2 Whether the trial judge erred in finding no causation and thus no award for lost earnings
- 3 Appropriate quantum for pecuniary loss attributable to the accident
Ratio Decidendi
The Court of Appeal concluded the trial judge erred in finding no causation; some loss of earnings was caused by the accident and the proper award for that pecuniary loss was fixed at $20,000; costs awarded to the appellant.
Court Disposition
Appeal allowed in part; trial judge's finding of no causation reversed and damages fixed at $20,000; costs to the appellant.
Orders
- Judgment allowing the appeal and awarding $20,000 in damages to the appellant
- Costs to follow the event in favour of the appellant
Full Case Text
Judgment text and source record
1 paragraphs
2000 BCCA 238 Citation: Cumming v. White, Deceased Date: 20000330 2000 BCCA 238 Docket: CA024324 Registry: Vancouver COURT OF APPEAL FOR BRITISH COLUMBIA ORAL REASONS FOR JUDGMENT Before: The Honourable Madam Justice Southin March 30, 2000 The Honourable Mr. Justice Hollinrake The Honourable Madam Justice Ryan Vancouver, B.C. BETWEEN: DOROTHY CUMMING PLAINTIFF (APPELLANT) AND: BARRY WHITE, DECEASED DEFENDANT (RESPONDENT) F.G. Potts appearing for the Appellant M.P. Ragona, Q.C. and B.L. Devlin appearing for the Respondent [1] SOUTHIN, J.A.: This is an appeal from a judgment rendered on the 5th February 1998 fixing the damages to be awarded to a plaintiff who was injured when her motor car was rear-ended in an accident in January of 1992. Counsel have taken us through the learned trial judge's reasons. I can fairly say that we are all of the opinion that when the learned trial judge held that the plaintiff had suffered no loss of earnings as a result of this accident from the date of the accident to the date of trial, in other words that there was no causation, that he made a reversible error. Some loss was caused. [2] It is always difficult to quantify these matters, but in my view the proper award under that heading would have been $20,000 and I would allow the appeal accordingly. [3] HOLLLINRAKE, J.A. I agree. [4] RYAN, J.A. I agree. [5] SOUTHIN, J.A. There will be judgment accordingly. Costs will follow the event in favour of the appellant. "The Honourable Madam Justice Southin"