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Canada Case Law

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Tort 2013 BCCA 525

Ediger v. Johnston

The Court of Appeal approved a settlement of an infant plaintiff’s cross-appeal, substituted a revised damages order, and remitted several quantification issues.

  • Damages assessment
  • Infant settlements
  • Role of public guardian and trustee
  • Costs
  • Remittal to trial judge
  • Future care
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Infant law 2012 BCSC 1550

E.B. v. Basi

The court fixed the Public Guardian and Trustee’s costs at $79,012.36, payable from the infant’s estate, and refused to order the law firm to contribute.

  • Fee approval
  • Indemnification of public guardian and trustee
  • Contingency fee assessment
  • Parens patriae jurisdiction
  • Summary assessment of costs
  • Rule 14-1(15) and 14-1(33)
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Tort 2012 BCSC 1169

E.B. v. Basi

The court approved an infant-settlement legal fee of $2.4 million, holding that the contingency agreement was relevant but not determinative under a reasonableness assessment.

  • Fee approval
  • Quantum meruit
  • Infant settlement
  • Contingency fee agreement
  • Public guardian and trustee oversight
  • Infant-settlement
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Civil procedure 2007 BCSC 27

Bystedt v. Hay

The court dismissed the defendant’s application for standing to challenge approval of infant plaintiff counsel’s fees, holding fee approval is distinct from costs assessment.

  • Fee approval
  • Special costs
  • Standing
  • Notice
  • Assessment of costs
  • Public guardian and trustee
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Torts (1895) 24 SCR 708

T. Eaton Co. v. Sangster

Appeal in negligence over an infant injured by a falling portable mirror in a store. The Supreme Court of Canada dismissed the appeal and left the new trial order standing.

  • Duty of care
  • Evidence sufficiency for jury
  • Liability for falling object
  • Standard of care for infants
  • Negligence
  • Contributory-negligence
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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.