Strazza v. Ryder

Strazza v. Ryder

The court preferred the plaintiff's and Dr. MacKean's evidence over the defendant's expert, found the plaintiff suffered grade II whiplash injuries to the cervical (resolving) and thoracic spine with residual pain and muscle spasm, found the plaintiff credible and that his symptoms are likely to persist to some...

Source-derived case information.

Citation
2012 BCSC 1693
Parties
Plaintiff: Peter Strazza; Defendant: Dylan Peter Ryder (formerly Peter Dylan Mysak)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 November 2012
Procedural Posture
Motor Vehicle Personal Injury / Trial Judgment (reasons for Judgment)
Outcome
Judgment for the plaintiff; damages awarded to plaintiff as set out below; no award for past income loss; costs to follow the event unless otherwise ordered.
Legal Topics
Non Pecuniary Damages, Loss of Earning Capacity, Cost of Future Care, Special Damages, Causation, Credibility
Source Language
english
Tort Personal Injury Motor Vehicle Law Non Pecuniary Damages Loss of Earning Capacity Cost of Future Care Special Damages Causation +1 more

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Parties

Peter Strazza

Plaintiff

Dylan Peter Ryder (formerly Peter Dylan Mysak)

Defendant

Procedural Posture

Motor Vehicle Personal Injury / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the plaintiff's ongoing symptoms were caused by the accident
  2. 2 Quantum of non-pecuniary damages for soft tissue/whiplash injuries
  3. 3 Whether plaintiff proved past income loss

Ratio Decidendi

The court preferred the plaintiff's and Dr. MacKean's evidence over the defendant's expert, found the plaintiff suffered grade II whiplash injuries to the cervical (resolving) and thoracic spine with residual pain and muscle spasm, found the plaintiff credible and that his symptoms are likely to persist to some degree; awarded $60,000 non-pecuniary damages, $60,000 for loss of future earning capacity (capital asset approach), $833 for cost of future care and $1,973.53 in special damages; no past income loss was proven.

Court Disposition

Judgment for the plaintiff; damages awarded to plaintiff as set out below; no award for past income loss; costs to follow the event unless otherwise ordered.

Orders

  • Non-pecuniary damages awarded in the sum of $60,000.00 CAD
  • Damages for loss of future earning capacity awarded in the sum of $60,000.00 CAD