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Torts 2017 BCSC 1990

Lakatos v. Lakatos

Motor vehicle injury trial with two accidents, contributory negligence, indivisible injuries, and damages assessed globally with apportionment among defendants.

  • Non-pecuniary damages
  • Past and future loss of earning capacity
  • Future cost of care
  • In-trust claim
  • Divisibility
  • Apportionment
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Tort 2017 BCSC 753

Fleming v. McAllister

Supplementary reasons apportion damages among three motor vehicle incidents, distinguishing indivisible and divisible injuries and requiring deduction of settlement proceeds for the indivisible injury.

  • Divisible vs indivisible injuries
  • Apportionment of damages between successive tortfeasors
  • Deduction of settlement proceeds
  • Joint and several liability
  • Negligence act s.4
  • Damages-apportionment
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Torts 2017 BCSC 521

Fleming v. McAllister

The court assessed damages for injuries from three motor vehicle incidents, found mixed causation, awarded non-pecuniary and earning-capacity damages, and ordered further submissions on apportionment.

  • Non-pecuniary damages
  • Past and future loss of earning capacity
  • Loss of housekeeping capacity
  • Divisible and indivisible injuries
  • Causation
  • Expert medical evidence
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Occupiers' liability 2016 BCSC 1333

Mackey v. British Columbia

A visitor was badly injured when a severely corroded lamp post on a Victoria plaza gave way. The court found the occupier negligent, with contributory negligence apportioned to the plaintiff.

  • Duty of care
  • Standard of care
  • Contributory negligence
  • Cost of future care
  • Loss of earning capacity
  • In-trust award
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Occupiers' liability 2014 BCSC 205

Paquette v. School District No. 36

The court held the school board 75% liable after a 12-year-old fell from a school roof accessed via a cherry tree, finding the risk foreseeable under the OLA.

  • Duty of care under occupiers liability act
  • Foreseeability
  • Child trespassers and risk allocation
  • Apportionment of fault under negligence act/cempel
  • Standard of care and reasonableness
  • Occupiers-liability
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Tort 2013 BCSC 1118

Wong v. South Coast British Columbia Transportation Authority

The court found a bus driver negligent after a passenger fell and broke her hip when the bus moved as she returned from the fare box; liability was apportioned 75/25.

  • Duty of care
  • Standard of care for carriers
  • Contributory negligence
  • Future care costs
  • Quantification of general and special damages
  • Res ipsa loquitur
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Torts 2007 BCCA 347

Brewster (Guardian ad litem of) v. Swain

B.C. Court of Appeal allowed a negligence appeal after a child cyclist collided with a school bus, holding the evidence did not prove the driver could have avoided the crash.

  • Duty of care
  • Causation
  • Apportionment of liability
  • Children as vulnerable road users
  • Right-of-way
  • Negligence
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.