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Torts 2023 BCCA 159

Deegan v. L’Heureux

Appeal partly allowed. The Court of Appeal reduced the future earning capacity award from $250,000 to $70,000, but upheld the future care award.

  • Loss of future earning capacity
  • Cost of future care
  • Contributory negligence
  • Standard of review
  • Assessment of damages
  • Capital asset approach
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Tort 2010 BCSC 860

Taylor v. Grundholm

Assessment of damages after a motor vehicle accident. The court found the accident caused a distal biceps rupture and related soft-tissue injuries, with a 10% mitigation reduction.

  • Causation
  • Non-pecuniary damages
  • Loss of earning capacity
  • Mitigation
  • Future care costs
  • Special damages
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Civil procedure 2010 BCSC 741

Berry v. LaBelle

Post-trial costs ruling in a motor vehicle negligence case. The court applied Rule 66 cost limits, refused double costs, and allocated costs between the parties by date.

  • Offer to settle (rule 37b)
  • Rule 66 fast track litigation
  • Costs assessment
  • Acceptance of settlement offers
  • Set off of costs against damages
  • Costs
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Insurance (motor vehicle) 2009 BCSC 1346

Booth v. I.C.B.C.

The court found Brian Booth was the principal operator of the Camaro, so Debra Booth had misrepresented a material fact and her declaratory action was dismissed.

  • Principal operator
  • Misrepresentation
  • Forfeiture of claims
  • Declaratory relief
  • Burden of proof
  • Credibility assessment
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Torts 2008 BCSC 1812

Ceraldi v. Duthie

The court granted a Rule 18A application in a rear-end collision case, found soft tissue injuries proved on a balance of probabilities, and awarded damages.

  • Low-velocity impact
  • Soft tissue injury
  • Non-pecuniary damages
  • Past income loss
  • Special damages
  • Rule 18a suitability
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Insurance (motor vehicle) 2007 BCSC 854

Hamo v. Insurance Corporation of British Columbia

The court granted Part 7 disability benefits in part, finding the accident materially decompensated a pre-existing knee condition and allowed medical expenses in part.

  • Part 7 benefits
  • Causation
  • Disability benefits
  • Rule 18a summary determination
  • Medical expenses
  • Pleadings
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Civil procedure 2004 BCSC 944

Bishop-Austin v. Brown

In a fast-track civil action, the court held that Rule 66 costs remain capped, but Rule 37 settlement offers can support double costs subject to that cap.

  • Rule 66 costs cap
  • Rule 66(29.1) interpretation
  • Rule 37 offers to settle
  • Double costs
  • Settlement incentives
  • Costs
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Torts 2003 BCSC 425

Nowicki v. Moslehi

The court granted a Rule 18A summary trial in a minor motor vehicle injury claim, awarded damages, and allowed costs to follow the event.

  • Rule 18a summary trial
  • Jury election
  • Damages assessment
  • Wage loss
  • Medical evidence
  • Costs
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Tort 2002 BCSC 1651

Tang v. Chan

Post-trial ruling reduced the judgment by $2,000 for physiotherapy, fixed costs on Scale 3, and allowed a partial costs offset for the successful objection to Dr. Fry’s report.

  • Damages assessment
  • Costs scale determination
  • Expert evidence admissibility
  • Apportionment of liability
  • Statutory insurer benefits (icbc)
  • Jury directions
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Civil procedure 2001 BCSC 1456

Gandham v. Dhillon

Court held a joint Rule 37 offer to settle two related actions tried together was valid and awarded the defendants costs from the offer date.

  • Offer to settle
  • Rule 37
  • Calderbank
  • Joint offers
  • Costs following the event
  • Rule 37(24)(a)
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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.