Canada Case Law

Rounis v. Singh

Court

Supreme Court of British Columbia

On the balance of probabilities the accident caused the plaintiff's chronic musculoskeletal and psychological impairments; quantification used replacement labour cost method for past loss during the restaurant period (reduced 50% for contingencies), earnings-based approach for post-sale past loss (25% adjustment), and an earnings-approach valuation for future loss with adjustments for contingencies and assumed limited part-time residual earnings to age 65; housekeeping loss was not awarded separately and future care was assessed on a medically supported, adjusted plan; total damages awarded $…

Source excerpt

• Causation
• Non-pecuniary damages
• Past income loss
• Future income loss
• Future care
• Housekeeping capacity

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Woods v. Fehr

Court

Supreme Court of British Columbia

Liability was admitted for two motor vehicle accidents; the court assessed damages after rejecting much of the plaintiff’s subjective and psychiatric evidence.

• Non-pecuniary damages
• Loss of earning capacity
• Costs of future care
• Credibility and reliability
• Mitigation
• In-trust awards

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Murdoch v. Kim

Court

British Columbia Court of Appeal

The Court of Appeal allowed this family compensation appeal in part, adding $50,000 for lost unpaid labour in a family restaurant, but rejected the hyodo ground.

• Economic loss of parents for death of a child
• Hyodo (filial piety) as source of economic support
• Valuation of unpaid labour in a family company
• Distinction between corporate loss and personal pecuniary loss
• Approach to damages forecasting and contingencies
• Wrongful-death-damages

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Sauve v. McComish

Court

Supreme Court of British Columbia

Trial decision on a motorcycle-left-turn collision found both drivers negligent and apportioned liability 50/50, with damages awarded and then reduced accordingly.

• Negligence
• Contributory negligence
• Apportionment of liability
• Motor vehicle act compliance (yellow light)
• Mitigation of damages
• Non-pecuniary damages

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Campbell v. Leslie

Court

Supreme Court of British Columbia

The Court found the collision caused multiple soft tissue, headache, Achilles tendon, and psychiatric injuries, then applied a 30% reduction for pre-existing and intervening factors.

• Causation
• Non-pecuniary damages
• Past income loss
• Future loss of earning capacity
• Future care costs
• Housekeeping capacity

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Matwijec v. Goodridge

Court

Supreme Court of British Columbia

The court found the plaintiff’s accident injuries caused bilateral shoulder tears, chronic pain and psychological harm, and awarded damages accordingly.

• Causation
• Pre-existing conditions
• Mitigation
• Non-pecuniary damages
• Past and future loss of earning capacity
• Housekeeping capacity

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Voong v. Valenzuela

Court

Supreme Court of British Columbia

Motor vehicle personal injury trial awarding damages for chronic pain, headaches, depression, lost earning capacity, household loss, and future care.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Household services
• Psychiatric injury
• Causation

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Gill v. Bahman

Court

Supreme Court of British Columbia

Liability was admitted in this rear-end collision claim. The court found the plaintiff’s ongoing soft-tissue injuries caused early retirement and awarded $413,666.35 in damages.

• Non-pecuniary damages
• Loss of earning capacity
• Mitigation
• Future care costs
• Pension loss
• Causation

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Brill v. Forsyth

Court

Supreme Court of British Columbia

Motor vehicle personal injury trial. The court found the collision caused ongoing soft tissue injuries, but reduced damages for pre-existing spinal degeneration.

• Causation
• Pre-existing condition (crumbling skull)
• Non-pecuniary damages
• Past loss of earning capacity
• Future loss of earning capacity
• Contingency reductions

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Yung v. Matheson

Court

British Columbia Court of Appeal

Appeal dismissed from damage awards arising from a car accident. The court upheld findings on loss of future earning capacity and loss of opportunity, rejecting new contingency arguments.

• Loss of future earning capacity
• Loss of opportunity to earn income
• Contingency deductions
• Standard of review (palpable and overriding error)
• Credibility and browne v. dunn
• Loss-of-future-earning-capacity

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