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Torts 2021 BCSC 825

Tolentino v. Nair

Assessment of damages after two motor vehicle accidents. Liability was admitted; the court awarded $422,796.64 for pain, earning loss, housekeeping loss, future care, and special damages.

  • Non-pecuniary damages
  • Loss of earning capacity
  • Cost of future care
  • Loss of housekeeping capacity
  • Special damages
  • Expert evidence admissibility
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Tort 2018 BCSC 1713

Lewis v. Gibson

Trial reasons on causation, mitigation, and damages after a motorcycle collision caused by an unsafe lane change.

  • Causation
  • Damages - non-pecuniary
  • Mitigation
  • Future care
  • Loss of earning capacity
  • Credibility of witnesses
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Tort 2013 BCSC 1828

Bains v. Brar

Brar admitted liability for a car accident, but the court assessed the plaintiff's physical and psychological injuries and awarded damages, including income loss and future care.

  • Non-pecuniary damages
  • Past and future income loss
  • Future care costs
  • Mitigation of damages
  • Expert evidence
  • Major depressive disorder
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Tort 2008 BCSC 1445

Thiessen v. Kover

Accident liability was admitted, but the court found the plaintiff’s psychiatric complaints were not proven to be caused by the collision and awarded limited damages only.

  • Thin skull rule
  • Causation (but-for and proximate)
  • Post-traumatic stress disorder
  • Histrionic personality/psychiatric predisposition
  • Admissibility of clinical records/hearsay
  • Credibility assessment
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Evidence 2007 BCCA 630

Owimar v. Greater Vancouver Transportation Authority

The Court of Appeal ordered a new trial after finding extensive psychiatric records were wrongly left before the jury and unfairly prejudiced the plaintiff.

  • Admissibility of psychiatric records
  • Relevance
  • Probative value vs prejudice
  • Limiting instructions
  • Fair trial/new trial
  • Evidence-admissibility
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Evidence 2007 BCSC 548

Dhaliwal v. Bassi

The court excluded parts of a psychiatrist’s report that were authored by another expert but not properly attributed, and set terms for curing the defect.

  • Admissibility of expert report
  • Attribution of multi-author opinions
  • Rule 40a compliance
  • Hearsay and sources of information
  • Prejudice and exclusion
  • Cross-examination rights
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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.