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The court partly struck the defendants’ pleading, allowed some illegality-based defences to remain, and stayed the counterclaim for lack of BC jurisdiction.
The court awarded pre-judgment interest and tax gross-up on family compensation damages, accepting the expert assumptions and using the interest-only portfolio method.
The court held that a 2013 liability release for a guided grizzly hunt did not extend to a separate 2014 hunt, so it was no defence to the widow’s claim.
The court denied a dismissal for want of prosecution, finding the delay was inordinate but excusable because it was primarily attributable to plaintiff’s counsel, and ordered substitution of the executor.
The Supreme Court of Canada held that British Columbia’s Attorney General was liable for the full indivisible damages flowing from a police chase collision.
The court declared a mistrial after defence counsel used undisclosed Canada Corrections documents in cross-examining an infant witness, causing irreparable jury prejudice.
The court held a business vehicle lease was in substance a conditional sale, so W.S. Leasing Ltd. was not the owner under s. 86(3) of the Motor Vehicle Act.
The Court of Appeal held that police operational policy alone did not establish the legal standard of care for detaining an intoxicated person and allowed the appeal.
The court held that the deceased’s blood-refusal release barred the wrongful death negligence claim, and dismissed the action against Dr. Robertson.
The court set aside a consent order adding the Estate of Herbert Hanuse as a defendant, finding the estate representative did not give fully informed consent.
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