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Tort 2023 BCSC 451

Ghaly v. Mand

Catastrophic motor vehicle accident claim awarding tort and Family Compensation Act damages for death, psychological injury, future care, and pecuniary loss.

  • Non-pecuniary damages
  • Future loss of earning capacity
  • Cost of future care
  • Loss of financial support
  • Loss of inheritance
  • Loss of guidance care and companionship
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Wrongful death 2022 BCSC 12

Smith v. Vance

In a Family Compensation Act claim, the court found a real possibility the deceased would have assisted her parents, but rejected the full proposal valuation and awarded $90,000.

  • Loss of dependency
  • Hypothetical/unrealized transactions
  • Damages assessment
  • Mortgage financing
  • Contingency/risk in valuation
  • Damages-assessment
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Torts 2017 BCSC 1733

Park v. VW Credit Canada Inc.

The court awarded limited dependency and funeral damages under the Family Compensation Act, and reduced them for 20% contributory negligence by the deceased.

  • Dependency loss
  • Funeral expenses
  • Hearsay admissibility and statements of intention
  • Business valuation in damages
  • Apportionment of fault
  • Wrongful-death
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Tort 2016 BCSC 1716

Vandegriendt v. Sanford Estate

The court found on a balance of probabilities that Vandergriendt was driving the vehicle, preferred the contemporaneous and physical evidence, and dismissed his claim against the estate.

  • Driver identification
  • Seatbelt evidence
  • Witness credibility
  • Accident reconstruction
  • Admissions
  • Driver-identification
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Torts 2016 BCSC 1193

S.L.B. v. M.A. Estate

The court awarded damages for loss of household services after a child’s death, but reduced the claim heavily because of contingencies and limited proof.

  • Loss of household services
  • Assessment of future contingencies
  • Credibility of witnesses
  • Expert evidence on replacement cost
  • Loss-of-household-services
  • Family-compensation-act
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Wrongful death 2014 BCSC 647

Panghali v. Panghali

The court assessed damages under the Family Compensation Act for the child of a murdered mother, refused consolidation and adjournment, and denied special costs.

  • Assessment of damages
  • Loss of dependency
  • Household services valuation
  • Loss of guidance and companionship
  • Loss of inheritance and acceleration
  • Management fee for fund administration
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Tort 2014 BCSC 120

Kennedy v. Coe

The court dismissed a wrongful death claim arising from heli-skiing, finding no duty of care between ski buddies and, alternatively, no negligence or contract breach.

  • Duty of care
  • Proximity
  • Assumption of responsibility
  • Anns test
  • Standard of care
  • Breach of contract
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Tort 2012 BCSC 380

Haczewski v. British Columbia

Court held the RCMP officer negligent in an emergency-response collision, rejected contributory negligence by the deceased, and awarded Family Compensation Act damages.

  • Vicarious liability
  • Negligence
  • Contributory negligence
  • Emergency vehicle privileges
  • Damages assessment
  • Expert evidence on life expectancy
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Torts 2011 BCSC 130

Ulmer v. Weidmann

Fatal motorcycle collision case under the Family Compensation Act. The court found the defendants wholly liable, awarded damages for PTSD, household services, past wages and special damages, and denied several other claims.

  • Wrongful death
  • Nervous shock/ptsd
  • Contributory negligence
  • Abuse of process
  • Damages assessment
  • Loss of household services
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Tort 2010 BCSC 916

Sohal v. Argitos

The court ordered the Sohal and Sandhu actions tried together, adjourned the existing trial date, denied an advance on damages, and left severance for case management.

  • Consolidation
  • Concurrent trials
  • Adjournment
  • Venue
  • Severance of issues
  • Advance on damages
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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.