Canada Case Law

Anderson v. Gagne

Court

Supreme Court of Nova Scotia

The court accepted the neurologist's expert opinion, supported by contemporaneous medical records and lay evidence, that the plaintiff sustained a mild traumatic brain injury/post-concussion syndrome caused by the March 29, 2014 accident (exacerbated by the October 14, 2014 accident) and awarded non-pecuniary damages for that injury; the court rejected the diagnosis of chronic pain syndrome because key components (left shoulder and left-sided neck pain) were not shown to be causally linked to the first accident on the balance of probabilities; the right knee injury qualified under the Minor I…

Source excerpt

• Mild traumatic brain injury
• Post-concussion syndrome
• Chronic pain
• Minor injury cap
• General damages
• Loss of earning capacity

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Swartz v. Barabas

Court

Supreme Court of British Columbia

Trial liability judgment from a Highway 10 collision case. The court found the defendant entered on red or stale yellow and held her 100% liable.

• Right of way
• Left turn at signalized intersection
• Advance warning flasher (awf)
• Traffic signal timing
• Apportionment of fault
• Motor-vehicle-negligence

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Harestad v. Harestad

Court

Supreme Court of British Columbia

The court assessed damages for a young plaintiff seriously injured in a motor vehicle accident, awarding non-pecuniary damages, housekeeping loss, future income loss, and future care costs.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Housekeeping capacity
• Causation
• Medical expert evidence

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Siu v. Regehr

Court

Supreme Court of British Columbia

The court found the collision caused new injuries and aggravated pre-existing pain, awarding $60,000 for non-pecuniary loss, $50,000 for earning capacity, and $775.61 in special damages.

• Causation
• Divisibility of injuries
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Mitigation

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Mundell v. Cherry

Court

Supreme Court of British Columbia

Trial judgment on two motor vehicle accidents. The court found only temporary soft-tissue aggravations, rejected much of the plaintiff’s evidence, and awarded limited damages.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Special damages
• Cost of future care
• Credibility

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Barron v. Wine

Court

Supreme Court of British Columbia

The court found the collision caused neck, shoulder, headache, anxiety and depression symptoms, but reduced damages 20% for failure to mitigate.

• Causation
• Mitigation
• General damages
• Special damages
• Past loss of income
• Future loss of income

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Zwinge v. Neylan

Court

Supreme Court of British Columbia

Judgment after trial in a motor vehicle injury claim. The court awarded damages for soft-tissue and psychiatric injuries, while treating pre-existing alcohol abuse as a relevant crumbling-skull factor.

• Damages
• Causation
• Substance use disorder
• Mitigation
• Loss of earning capacity
• Future care

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Uppal v. Chung

Court

Supreme Court of British Columbia

The court found Chung solely liable for the first collision and Uppal solely liable for the second, awarding $40,000 general damages and $20,000 past wage loss.

• Liability
• Damages
• Apportionment
• Failure to mitigate
• Credibility assessment
• Admissibility of clinical records

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Salame v. Sutherland

Court

Supreme Court of British Columbia

The court awarded damages to the plaintiff after a motor vehicle collision, finding chronic accident-related pain and depression but not thoracic spine fractures.

• Causation
• Damages
• Non-pecuniary damages
• Loss of earning capacity
• Loss of homemaking capacity
• Cost of future care

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Gibson v. Julian

Court

Supreme Court of Nova Scotia

Defendant was 100% liable for the March 9, 2012 collision; plaintiff proved a cervical sprain/whiplash and six weeks off work but failed to prove the chronic headaches were caused by the accident and they do not constitute a 'serious impairment' under the New Cap, so general non-monetary damages are limited to the indexed minor injury cap ($7,956) with additional awards for agreed special damages and loss of services and prejudgment interest.

Source excerpt

• Liability
• Damages
• Minor injury cap
• Causation
• Expert evidence
• Onus of proof

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