Canada Case Law

Zakrzewska v. Klein

Court

Supreme Court of British Columbia

The court accepted liability and, on the balance of probabilities, found the Accident caused chronic myofascial pain, persistent post‑traumatic headaches, concussion syndrome with symptoms of mild traumatic brain injury, moderate PTSD and major depressive disorder, and aggravated pre‑existing episodic migraines; the plaintiff's credibility was generally accepted and supported by lay and expert evidence; the defendant proved some mitigation failure but not to the extent argued, resulting in a 20% discount for mitigation; damages were assessed on accepted principles (including use of minimum wa…

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• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Credibility and reliability
• Concussion/mild traumatic brain injury
• Psychiatric injury (ptsd, major depressive disorder)

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Bezanson v. Insurance Corporation of British Columbia

Court

British Columbia Court of Appeal

Appeal dismissed because the trial judge's unchallenged findings of fact established that the hazard created by the pick-up driver's negligence had abated before the appellant moved into the left lane and that the lane change was not an evasive, 'agony of the moment' response; on that factual basis the appellant failed to prove factual causation on a balance of probabilities, and no reviewable error in law was shown.

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• Factual causation
• Legal causation
• Agony of the moment doctrine
• Foreseeability
• Remoteness

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Lalani v. Lear

Court

Supreme Court of British Columbia

The court dismissed Omar Lalani’s medical negligence claim against his childhood orthodontist, finding cervical headgear was standard practice in 1989 and no proven causal link to OSA.

• Orthodontic treatment
• Cervical headgear
• Obstructive sleep apnea (osa)
• Standard of care
• Expert evidence
• Informed consent

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Travis v. Cosford

Court

Supreme Court of British Columbia

Rear-end motor vehicle case where the plaintiff proved chronic mild neck and back injuries and monthly headaches, but not mental injury or future care losses.

• Whiplash
• Headaches
• Non-pecuniary damages
• Future earning capacity
• Cost of future care
• Causation

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Behnke v. Pannu

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal and cross-appeal arising from motor vehicle injury claims, upholding findings on causation, indivisibility, and damages.

• Indivisibility
• Aggravation
• Apportionment
• Non-pecuniary damages
• Loss of income
• Standard of review

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Dhaliwal v. Stang

Court

British Columbia Court of Appeal

Court of Appeal upheld liability appeal dismissal, but allowed the cross-appeal in part after finding a palpable error in the divisibility analysis of MVA and workplace injuries.

• Divisibility of injury
• Intervening event
• Loss of earning capacity
• Past and future damages
• Special damages
• Expert evidence misapprehension

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Morgan v. Morin

Court

Supreme Court of British Columbia

The court awarded damages for injuries from two rear-end collisions, finding new soft tissue injuries, headaches, and psychiatric effects, while accounting for pre-existing conditions.

• Non-pecuniary damages
• Past loss of earning capacity
• Future loss of earning capacity
• Mitigation
• Thin skull/crumbling skull
• Housekeeping loss

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Dhami v. Kennedy

Court

Supreme Court of British Columbia

Motor vehicle collision damages trial. The court found only the neck injury was causally linked, assessed damages, and awarded the plaintiff $222,710 plus interest and costs.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Housekeeping capacity
• Credibility and reliability of experts
• Causation analysis

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Broman v. Pang

Court

Supreme Court of British Columbia

The court found the 2014 rollover accident caused ongoing right hip pain and psychological injury, rejected the mitigation defence, and awarded $910,518 in damages.

• Hip injury (trochanteric bursitis)
• Loss of earning capacity
• Non-pecuniary damages
• Cost of future care
• Credibility assessment
• Duty to mitigate

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Hufty v. Graham

Court

Supreme Court of British Columbia

The court found the MVA caused the plaintiff’s soft-tissue injuries and related symptoms, but awarded reduced earnings loss and assessed damages on the evidence.

• Causation
• Loss of earning capacity
• Non-pecuniary damages
• Future care
• Special damages
• Costs

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