Canada Case Law

Zakrzewska v. Klein

Court

Supreme Court of British Columbia

The court accepted liability and, on the balance of probabilities, found the Accident caused chronic myofascial pain, persistent post‑traumatic headaches, concussion syndrome with symptoms of mild traumatic brain injury, moderate PTSD and major depressive disorder, and aggravated pre‑existing episodic migraines; the plaintiff's credibility was generally accepted and supported by lay and expert evidence; the defendant proved some mitigation failure but not to the extent argued, resulting in a 20% discount for mitigation; damages were assessed on accepted principles (including use of minimum wa…

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• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Credibility and reliability
• Concussion/mild traumatic brain injury
• Psychiatric injury (ptsd, major depressive disorder)

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Hyde v. Witzke

Court

Supreme Court of British Columbia

On the balance of probabilities the plaintiff's persistent and sometimes severe headaches are attributable to the 2017 motor vehicle accident; the defence MOH hypothesis was not proven given weak clinical support for MOH caused by simple analgesics alone and the plaintiff's symptoms did not improve when he ceased analgesics; credibility concerns required caution in assessing evidence and reduced some quantum, but overall the plaintiff established liability and entitlement to damages totalling $540,156.59.

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• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Special damages
• Medication overuse headache

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Mariotto v. Rowntree Estate

Court

Supreme Court of British Columbia

A British Columbia court found a minor rear-end collision was a catalyst for the plaintiff’s genuine but multifactorial decline, awarding damages after a 75% contingency discount.

• Causation
• Damages assessment
• Non-pecuniary damages
• Loss of earnings
• Future care
• Pre-existing conditions

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Morgan v. Morin

Court

Supreme Court of British Columbia

The court awarded damages for injuries from two rear-end collisions, finding new soft tissue injuries, headaches, and psychiatric effects, while accounting for pre-existing conditions.

• Non-pecuniary damages
• Past loss of earning capacity
• Future loss of earning capacity
• Mitigation
• Thin skull/crumbling skull
• Housekeeping loss

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Kherani v. Da Silva

Court

Supreme Court of British Columbia

Rear-end collision case where the court found the defendant 100% at fault and held the accident caused whiplash, chronic pain, migraines, and a compensable shoulder injury.

• Liability
• Causation
• Non-pecuniary damages
• Loss of income-earning capacity
• Future care
• Expert evidence

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Waechter v. MacLeod

Court

Supreme Court of British Columbia

The BC Supreme Court lifted a stay in a motor vehicle injury action after finding the defendant had delayed the CRT minor-injury process and did not obtain required leave.

• Stay of proceedings
• Minor injury threshold
• Civil resolution tribunal act time limits
• Abuse of process
• Proportionality and delay
• Stay-of-proceedings

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Bowes v. Leatherdale

Court

Supreme Court of British Columbia

The court found the 2018 rear-end collision caused soft tissue injuries and SSD, awarding damages for pain, earnings loss, future care and specials.

• Causation
• Non-pecuniary damages
• Loss of earnings
• Future care
• Apportionment for pre-existing conditions
• Somatic symptom disorder

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Sanson v. Paterson

Court

Court of Appeal for Ontario

Liability was correctly found against the appellant driver because he failed to discharge the reverse onus under s.193(1) HTA by not taking basic precautions and failing to observe the cyclist; the trial judge’s credibility and causation findings were upheld. However the income loss award contained a palpable and overriding error: the trial judge treated the expert’s figures expressed in 2022 dollars as though they were 2012 dollars, so the pre-collision earning capacity must be adjusted to 2022 dollars and the past and future income awards varied accordingly; all other challenges to damages,…

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• Liability
• Reverse onus (hta s.193(1))
• Causation
• Damages
• Loss of income calculation
• Future care

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Barsky v. Simons

Court

Supreme Court of British Columbia

The court found the passenger plaintiff suffered lasting injuries from a motor vehicle collision, apportioned 90% fault to the left-turning driver and 10% to the oncoming driver, and awarded $988,965.

• Liability apportionment
• Causation
• Damages - non-pecuniary
• Loss of earning capacity
• Cost of future care
• Expert evidence

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Sunner v. Zhou

Court

Supreme Court of British Columbia

Trial judgment on damages from a rear-end motor vehicle collision. Liability was admitted; the court awarded compensation for chronic pain, lost earning capacity, future care and housekeeping loss.

• Non-pecuniary damages
• Past earnings loss
• Loss of future earning capacity
• Future care costs
• Loss of housekeeping capacity
• Special damages

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