Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court found the plaintiff credible and held that a rear-end collision caused chronic neck and shoulder pain, headaches, and related psychological injury.
Leave to appeal was granted because the Applicant established an arguable case under subsection 58(1)(c) that the General Division may have based its decision on erroneous findings of fact (notably mischaracterizing the Applicant's use of opioid analgesics and misapprehending the nature of modified duties), creating a reasonable possibility of success on appeal.
Source excerpt
Motor vehicle accident personal injury trial: the court found the defendant liable, accepted most right-shoulder injuries were accident-caused, and awarded damages for pain and earning loss.
The Tribunal determined the MQP to be December 31, 2006, proceeded in the Appellant's absence after finding adequate notice, and found the Appellant failed to prove on a balance of probabilities that she had a severe and prolonged disability on or before the MQP; unchallenged post‑MQP earnings in 2013 and 2014, together with the absence of explanatory evidence from the Appellant, undermined her claim of incapacity at the MQP and required dismissal of the appeal.
Source excerpt
The court found the motor vehicle accident caused ongoing soft tissue, TMJ and chronic pain injuries, held the later workplace incident aggravated them, and awarded damages on a full liability basis.
The court found the plaintiff’s ongoing neck, back and shoulder problems stemmed from the motor vehicle accident and awarded damages for pain, income loss, care and future earning capacity.
Assessment of damages after a motor vehicle accident. The court found the accident caused a distal biceps rupture and related soft-tissue injuries, with a 10% mitigation reduction.
The appeal was dismissed because there was no basis to allow the requested amendment after the action was dismissed on summary judgment and the dismissal was confirmed on appeal with leave to appeal refused by the Supreme Court; accordingly the lower court's refusal to permit amendment was upheld and costs were awarded.
Source excerpt
The court dismissed the defendant’s application to extend time to file a jury notice, holding it was bound by earlier B.C. Supreme Court precedent on the issue.
The court found the 1998 collision caused ongoing neck symptoms and aggravated the plaintiff’s pre-existing shoulder injury, awarding damages for pain, wage loss, care, and future income loss.
Explore more
