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The plaintiff was awarded $663,270 after a rear-end collision caused persistent concussion-related, neurological, psychological and pain symptoms, plus income and future-care losses.
A fire in a Vancouver rental unit led to findings that the tenant was negligent and that both tenants were contractually liable for repair costs, but not lost rent under contract.
The motion judge’s factual finding that the directing minds of the plaintiff knew by May 12, 2014 of the collapse, its likely causal connection to negligent design/construction/inspection by the respondents, and the need for legal action met the discoverability test (plausible inference of liability); separate pleaded particulars do not reset discoverability, so the action (commenced May 24, 2016) is statute barred; any error in citing s.14 was harmless.
Source excerpt
The court dismissed in part an application for leave to file a third party notice, refusing the time-barred contractual debt claim against Ponderosa while allowing the notice to proceed against consenting defendants.
The court found the collision caused the plaintiff’s TMJ disorder and trigeminal neuralgia, awarded general damages, limited future care, and rejected the earning-capacity claim.
Damages assessment after a motor-vehicle collision: the court awarded compensation for non-pecuniary loss, future earning capacity, and related heads, and allowed the AG Canada’s subrogated recovery.
Assessment of costs and disbursements after settlement in two motor vehicle actions. Most tariff units were allowed, but several expert and MRI-related disbursements were disallowed.
The court refused the defendants’ costs application, finding the plaintiff’s rejection of a pretrial settlement offer was not unreasonable in light of liability and damages uncertainty.
Assessment of damages for two successive truck collisions, with the court apportioning divisible and indivisible losses, rejecting salvage credits, and awarding $223,315.92.
Master Baker dismissed Nilfisk’s application to strike amendments, holding the June 2013 step added a party under Rule 6-2, so the September 2013 pleading was the first amendment.
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