Canada Case Law

Moise v. Black Top and Checker Cabs Ltd.

Court

Supreme Court of British Columbia

The court found the Accident caused a mild traumatic brain injury and chronic low back and coccyx/pelvic pain resulting in a permanent partial disability that affects employment and mental health; accepted key expert evidence (Dr. Masri, Dr. Cameron, Louise Craig, vocational experts) and applied the earnings approach to quantify future loss. The court calculated without-Accident present value earnings at $1,716,266 and with-Accident present value earnings at $1,132,376, awarding future loss $583,890; awarded non-pecuniary damages $210,000; past loss $27,461; future cost of care $42,954; speci…

Source excerpt

• Non-pecuniary damages
• Future loss of earning capacity
• Cost of future care
• Housekeeping capacity
• Credibility assessment
• Mild traumatic brain injury

Read case analysis

Thomas v. Mckee

Court

Supreme Court of British Columbia

The court awarded damages after four admitted motor vehicle accidents caused chronic pain, headaches, and severe psychiatric injury affecting work and daily life.

• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Causation
• Credibility and reliability
• Mitigation

Read case analysis

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

Read case analysis

Campbell v. Leslie

Court

Supreme Court of British Columbia

The Court found the collision caused multiple soft tissue, headache, Achilles tendon, and psychiatric injuries, then applied a 30% reduction for pre-existing and intervening factors.

• Causation
• Non-pecuniary damages
• Past income loss
• Future loss of earning capacity
• Future care costs
• Housekeeping capacity

Read case analysis

Pak v. Ham

Court

Supreme Court of British Columbia

Damages trial arising from a 2017 car accident. The court found soft tissue injuries, a probable concussion and psychiatric injury, but rejected the L1 fracture claim.

• Concussion
• Vertebral compression fracture
• Non-pecuniary damages
• Loss of earning capacity
• Mitigation
• Cost of future care

Read case analysis

Tang v. Biring

Court

Supreme Court of British Columbia

The court found the plaintiff’s PTSD was caused by the first accident, accepted some ongoing symptoms, and awarded damages for past wage loss, future care, and non-pecuniary loss.

• Ptsd
• Loss of earning capacity
• Future care
• Non-pecuniary damages
• Causation
• Credibility of expert evidence

Read case analysis

Huang v. Beatch

Court

Supreme Court of British Columbia

Ms. Huang recovered damages for injuries from a crosswalk collision, including neck and back pain, headaches, and a depressive episode that largely remitted by spring 2015.

• Non-pecuniary damages
• Causation
• Mitigation
• Future cost of care
• Special damages
• Credibility assessment

Read case analysis

Buttar v. Hergott

Court

Supreme Court of British Columbia

The court awarded the plaintiff damages for chronic physical, vestibular, and psychiatric injuries from multiple motor vehicle accidents, rejecting the defence on causation and mitigation.

• Causation
• Mitigation
• Non-pecuniary damages
• Future care
• Loss of earning capacity
• Credibility

Read case analysis

Xiang v. Wong

Court

Supreme Court of British Columbia

A child pedestrian and her father sued after a marked-crosswalk collision. The court found the driver mostly at fault, awarded the child $20,000, and dismissed the father’s nervous shock claim.

• Contributory negligence
• Right of way
• Duty of care
• Remoteness (legal causation)
• Nervous shock
• Quantum of damages

Read case analysis

Jandric v. Janzen

Court

Supreme Court of British Columbia

The court awarded damages after two admitted motor vehicle accidents caused chronic physical and psychological injuries, including PTSD relapse, headaches, pain.

• Non-pecuniary damages
• Future loss of earning capacity
• Cost of future care
• Mitigation
• Causation
• Non-pecuniary-damages

Read case analysis