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Tort 2024 BCSC 2281

Ranseth v. Doe

Trial judgment awarding damages for a hit-and-run MVA. The Court found the accident caused ongoing back and hip pain, aggravated headaches, and vocational disability.

  • Causation
  • Non-pecuniary damages
  • Loss of earning capacity
  • Future care costs
  • Housekeeping capacity
  • Psychiatric injury
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Tort 2022 BCSC 953

Clough-Smith v. Piton

Liability was admitted in this motor vehicle injury trial. The court assessed damages for soft tissue injuries, chronic pain, depression, income loss, and care costs.

  • Causation
  • General damages
  • Future income loss
  • Past income loss
  • Future care costs
  • Housekeeping capacity
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Tort 2021 BCSC 2491

Theobald v. Coffey-Lewis

The court found the plaintiff’s two motor vehicle accidents caused indivisible neck, back and left shoulder injuries, while her knee condition was largely divisible.

  • Causation
  • Divisibility of injuries
  • Apportionment
  • Non-pecuniary damages
  • Past and future loss of earning capacity
  • Cost of future care
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Tort 2018 BCSC 1988

Domijan v. Jeon

Motor vehicle accident damages trial awarding compensation for chronic low-back injury, past income loss, future earning capacity, future care, and special damages.

  • Causation
  • Non-pecuniary damages
  • Past wage loss
  • Future loss of earning capacity
  • Costs of future care
  • Mitigation
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Torts 2018 BCSC 1651

Evans v. Keill

Motor vehicle personal injury trial. The court found chronic neck, upper back and headache injuries plus psychological harm, with partial mitigation issues, and awarded $982,020.69.

  • Causation
  • Mitigation
  • Non-pecuniary damages
  • Past income loss
  • Future earning capacity
  • Pension loss
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Tort 2018 BCSC 766

Noftle v. Bartosch

Trial judgment awarding damages for chronic pain, loss of earning capacity, future care, pension loss and special damages after a motor vehicle accident.

  • Non-pecuniary damages
  • Loss of past and future earning capacity
  • Cost of future care
  • Mitigation
  • Causation of psychiatric injury
  • Weight and admissibility of expert evidence
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Torts 2018 BCSC 1200

Crookall v. Higby

With liability admitted, the court accepted medical and allied expert evidence that the plaintiff suffers chronic thoracic soft tissue pain maintained by central nervous system sensitization with limited prognosis; on that factual finding the court applied established principles for non-pecuniary awards, loss of earning capacity (earnings approach), and future care (medically necessary and reasonable standard) and awarded damages totaling $721,053.63 apportioned as non-pecuniary $125,000, past loss $120,000, future loss $340,000, future care $125,000, and special damages $11,053.63.

  • Non-pecuniary damages
  • Loss of earning capacity (past and future)
  • Cost of future care
  • Special damages
  • Pre-judgment interest
  • Medical causation (central nervous system sensitization)
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