Canada Case Law

Maan v. Todd

Court

Supreme Court of British Columbia

Defendant liable for rear-end collision; on balance the court preferred the plaintiff's neurosurgical and psychiatric experts (Drs. Heran and Waisman) over the defendant's experts and found the MVA caused chronic left-sided neck/shoulder pain (including probable TOS and ulnar neuropathy/double crush), cervicogenic headaches and materially exacerbated pre-existing PTSD and major depressive disorder leading to somatic symptom disorder; plaintiff entitled to damages assessed by a capital approach for loss of earning capacity with contingencies and specific awards for non-pecuniary loss, housekee…

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• Liability
• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Credibility and expert evidence

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Sidhu v. Gill

Court

Supreme Court of British Columbia

The court found on the balance of probabilities that the 2018 collision was the sole and effective cause of the plaintiff's ongoing soft tissue injuries and symptomatic lumbar disc condition; pre-existing 2011/2012 injuries and degenerative disc disease did not present a measurable risk that would have produced the present level of disability absent the 2018 accident; accordingly full compensation was awarded for non-pecuniary loss, adjusted past income loss, quantified future loss of earning capacity using the earnings approach, and reasonable future care and housekeeping awards based on exp…

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• Causation
• Damages quantum
• Non-pecuniary damages
• Past loss of income
• Future loss of earning capacity
• Cost of future care

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Salamanca v. Khela

Court

Supreme Court of British Columbia

Defendants liable for injuries sustained in the rear-end collision; the Accident caused chronic grade II soft tissue injuries to the neck, upper torso and right shoulder, chronic migrainous headaches, sleep disruption and major depressive disorder (moderate). Pre-existing lower back pathology and the 2023 disc herniation/surgery were found not to be caused by the Accident. Pleadings were sufficiently broad to permit psychiatric claim. Non-pecuniary damages awarded $190,000; no past income loss awarded; loss of future earning capacity awarded $240,000 (three years at $80,000/year under the cap…

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• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Psychiatric injury
• Pleadings sufficiency

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Rigio v. Scott

Court

Supreme Court of British Columbia

The court found some defendants liable and the plaintiff contributorily negligent; the litigated accidents materially aggravated the plaintiff's pre-existing mental health and soft tissue injuries through 2015 and possibly into 2016 but did not cause the major psychiatric breakdown in 2020, which was the result of intervening non-tortious events and drug use. Physical and psychiatric injuries from the litigated accidents are treated as indivisible. Apportionment of blameworthiness across parties and plaintiff results in 22.5% attribution to the plaintiff; specific apportionments were made per…

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• Causation
• Apportionment
• Contributory negligence
• Non-pecuniary damages
• Loss of earning capacity
• Medical evidence and credibility

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Malhi v. De Claro

Court

Supreme Court of British Columbia

The court found the plaintiff suffered injuries beyond an admitted hand fracture from a head-on collision, including concussion, soft-tissue injury, PTSD and chronic pain, and awarded damages.

• Non-pecuniary damages
• Future earning capacity
• Past loss of income
• Cost of future care
• Housekeeping services
• Credibility assessment

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MacDonald v. Sadri

Court

Supreme Court of British Columbia

Motor vehicle injury trial on causation, divisibility, mitigation and damages, with chronic soft tissue injuries, a separate ankle fracture, and future care awards assessed.

• Causation and divisibility
• Mitigation
• Non-pecuniary damages
• Loss of earning capacity
• Costs of future care
• Credibility and reliability

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Srenkel v. Kong

Court

Supreme Court of British Columbia

Motor vehicle accident damages case in which the plaintiff was awarded $2,828,402.58, including future income loss, housekeeping loss, future care, and in-trust awards.

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

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Travis v. Cosford

Court

Supreme Court of British Columbia

Rear-end motor vehicle case where the plaintiff proved chronic mild neck and back injuries and monthly headaches, but not mental injury or future care losses.

• Whiplash
• Headaches
• Non-pecuniary damages
• Future earning capacity
• Cost of future care
• Causation

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Cindrich v. Martini

Court

Supreme Court of British Columbia

The court found the plaintiff’s accident-related chronic pain, fibromyalgia and related symptoms caused lasting disability, awarding $2,048,720.67 in damages.

• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Credibility and reliability
• Causation
• Fibromyalgia diagnosis

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Wei v. Ahmad

Court

Supreme Court of British Columbia

The court awarded Ms. Wei $505,829.66 for knee injuries from an MVA, including future income loss, non-pecuniary damages, housekeeping loss, care, and special damages.

• Non-pecuniary damages
• Future loss of income-earning capacity
• Cost of future care
• Loss of housekeeping capacity
• Special damages
• Causation

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