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Tort 2024 BCSC 1453

Gill v. Bahman

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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Tort 2017 BCSC 927

Thompson v. Helgeson

The court found the plaintiff’s chronic headaches and related functional problems were caused by the collision and awarded damages for pain, income loss, pension loss, and future care.

  • Causation
  • Concussion / post-concussion syndrome
  • Psychiatric injury
  • Chronic pain
  • Non-pecuniary damages
  • Loss of past and future earning capacity
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Constitutional law 2016 BCSC 1420

Provincial Court Judges’ Association of British Columbia v. British Columbia (Attorney General)

The court quashed British Columbia’s 2014 response to the 2013 judicial compensation report, finding the reasons for rejecting salary and pension recommendations were not rationally justified.

  • Judicial independence
  • Judicial remuneration
  • Judicial compensation commission process
  • Judicial review - standard of review (simple rationality)
  • Pension accrual and deferral
  • Judicial-independence
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Tort 2013 BCSC 99

Wangert v. Saur

Motor vehicle negligence trial awarding damages for PTSD, past income loss, pension loss, and special damages after a fatal collision.

  • Non-pecuniary damages
  • Loss of earning capacity
  • Loss of pension benefits
  • Mitigation of damages
  • Collateral benefits / insurance exception
  • Post-traumatic stress disorder (ptsd)
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Constitutional law 2006 BCSC 101

Withler et al v. Attorney General of Canada

The court dismissed two Charter class actions challenging age-based reductions to federal supplementary death benefits, while finding limited standing for surviving spouses.

  • Section 15 charter (equality)
  • Age discrimination
  • Standing
  • Supplementary death benefit (sdb)
  • Group life insurance
  • Remedies and restitution
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Class action 2005 BCCA 268

Lieberman v. Business Development Bank of Canada

The Court of Appeal for British Columbia dismissed the Bank’s leave application, holding the chambers judge acted within discretion in linking forum non conveniens and certification hearings.

  • Forum non conveniens
  • Certification
  • Case management
  • Jurisdiction
  • Leave to appeal
  • Forum-non-conveniens
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Constitutional law C39422

The Ontario Judges' Association et al. v. Her Majesty the Queen in Right of the Province of Ontario, as represented by the Chair of the Management Board

The Court held that the Government's post‑report engagement of PwC to cost the Commission's pension options was appropriate and did not undermine the commission process or the Framework Agreement; the O'Neil affidavits were admissible as legislative facts and necessary to justify a political/legislative decision; and the Government's seven reasons, taken together (notably the 28% salary increase effect and fiscal restraint), met the P.E.I. Reference 'simple rationality' standard — therefore the rejection of pension recommendations was constitutional and the appeal was dismissed.

  • Judicial compensation
  • Judicial pensions
  • P.e.i. reference simple rationality
  • Framework agreement (statutory process)
  • Admissibility of affidavit evidence
  • Use of external expert advice
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Constitutional law 2001 FCT 85

Margolis v. The Queen

The Federal Court held that age-based reductions in the Supplementary Death Benefit Plan violated s.15 of the Charter and awarded damages subject to recalculation.

  • Age discrimination
  • Section 15 charter
  • Supplementary death benefit plan
  • Remedies (damages)
  • Statutory interpretation
  • Age-discrimination
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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.