Canada Case Law

Minister of Employment and Social Development v AP

Court

Social Security Tribunal of Canada

The Minister discharged the burden of proof by showing the Claimant's annual earnings consistently exceeded the substantially gainful threshold and attendance and medical evidence supported regular capacity; X's accommodations did not go beyond what a federally regulated employer must provide (not benevolent), therefore the Claimant ceased to be 'severely' disabled as of September 30, 2013 and was not entitled to CPP disability pension thereafter.

Source excerpt

• Severe disability
• Prolonged disability
• Substantially gainful occupation
• Benevolent employer
• Overpayment
• Burden of proof

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Marcon v. Lacasse

Court

Supreme Court of British Columbia

The court found the rear-end collision caused the plaintiff’s neck, shoulder and back injuries, and materially worsened her mental health. Damages totalled $1,574,862.95.

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

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Dulay v. Lu

Court

Supreme Court of British Columbia

The court found the March 2, 2010 collision aggravated pre-existing injuries and caused chronic pain and psychological symptoms, awarding damages with mitigation reductions.

• Causation
• Failure to mitigate
• Assessment of damages
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs

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Amaral v. Glasser

Court

Supreme Court of British Columbia

The court awarded damages after two motor vehicle accidents, finding chronic pain and psychiatric injuries, but rejecting total disability and some claimed care costs.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Mitigation
• Causation
• Expert witness weight

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Leung v. Draper

Court

Supreme Court of British Columbia

The court awarded Amy Leung damages for chronic soft tissue injuries, headaches, and psychiatric harm from a car accident, with partial reductions for mitigation failures.

• Causation
• Damages assessment
• Non-pecuniary damages
• Mitigation
• Future care
• Loss of earning capacity

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