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La Cour d’appel de la Colombie-Britannique rejette l’appel dans une affaire de responsabilité civile liée à un arbre dangereux dans un parc municipal.
The court found Ming Zhang fully liable for a rear-end collision and awarded damages for chronic soft-tissue injuries, anxiety, future income loss, and care costs.
The court admitted the Goldring and Roos social science reports in full as they are relevant and necessary to provide social context for the Charter issues and to assist in determining the scope of the disadvantaged group; the court excluded the Sadoway report as expert evidence because its legislative history and legal opinion content are not necessary expert evidence and such matters fall within the court's own legal expertise; costs on the voir dire follow the cause.
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The court found the accident caused Mr. Gao’s ongoing thoracic back symptoms and awarded $100,000 in non-pecuniary damages plus $50,908 for future care.
La Cour accorde des dommages-intérêts à la demanderesse pour deux accidents de voiture, retenant des blessures permanentes, une perte de capacité de gain et des soins futurs.
The appeal was dismissed because the appellant failed to demonstrate a legal error or a palpable and overriding error of fact; the hearing judge permissibly weighed the expert’s written and oral evidence, was entitled to prefer aspects of the oral evidence, and there was ample evidence (ongoing anti-social relationships, failure to comply with court-ordered services, prior findings) to support the conclusion that the children remained in need of protective services and the permanent care and custody order was properly made.
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The court dismissed a medical negligence claim arising from a post-cystoscopy fainting episode, finding no breach of nursing standard of care and no causation.
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.
The court refused to strike a jury notice in a proposed Paxil class action, holding the defendants had not shown the common issues were too complex for a jury.
Trials court found the plaintiff crossed against a raised-hand pedestrian signal and failed to keep proper lookout; the defendant was not negligent and the action was dismissed.
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