Canada Case Law

Kelly v. Joudrey

Court

Nova Scotia Court of Appeal

The statutory definition of "child" in s.2(a) of the Fatal Injuries Act does not include step-grandchildren, great-grandchildren or step-great-grandchildren; section 12 does not operate to expand the s.2(a) definition but instead creates a separate right for persons outside that definition; the issue was one of law properly decided under Rule 12 and partial summary judgment was appropriate because there were no genuine issues of material fact and the challenged claims had no chance of success.

Source excerpt

• Definition of "child"
• Fatal injuries act
• Summary judgment
• Rule 12 questions of law
• Section 12 "settled intention"

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Murdoch v. Kim

Court

British Columbia Court of Appeal

The Court of Appeal allowed this family compensation appeal in part, adding $50,000 for lost unpaid labour in a family restaurant, but rejected the hyodo ground.

• Economic loss of parents for death of a child
• Hyodo (filial piety) as source of economic support
• Valuation of unpaid labour in a family company
• Distinction between corporate loss and personal pecuniary loss
• Approach to damages forecasting and contingencies
• Wrongful-death-damages

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Hansma v. Atira Property Management Inc.

Court

Supreme Court of British Columbia

Certification was granted for negligence and occupiers’ liability claims arising from the Winters Hotel fire, with the trust claim adjourned and costs denied.

• Certification
• Class definition
• Common issues
• Causation
• Contributory negligence
• Preferability

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Kim v. Murdoch

Court

Supreme Court of British Columbia

The court admitted cultural evidence on Korean hyodo and found a real possibility that the deceased would have supported his parents, awarding pecuniary damages under the Family Compensation Act.

• Filial piety (hyodo)
• Loss of future pecuniary support
• Expert evidence admissibility
• Hearsay principled approach
• Quantification of damages
• Wrongful-death

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Ortega v. Burley

Court

Supreme Court of British Columbia

The court granted leave to amend the defence to plead waivers in a wrongful death and injury action arising from a snowmobile accident, and extended discovery on that issue.

• Waiver and release
• Negligence
• Pleading amendment
• Discovery
• Enforceability of exclusion clauses
• Waiver-and-release

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Hay v. Mundi 910 Victoria Enterprises Ltd.

Court

Supreme Court of British Columbia

The court certified a class proceeding arising from the Econo Lodge fire in Prince George, finding the amended class identifiable and the common issues suitable for certification.

• Certification
• Duty of care
• Causation
• Damages
• Fire safety/inspection obligations
• Preferability

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Smith v. Vance

Court

Supreme Court of British Columbia

In a Family Compensation Act claim, the court found a real possibility the deceased would have assisted her parents, but rejected the full proposal valuation and awarded $90,000.

• Loss of dependency
• Hypothetical/unrealized transactions
• Damages assessment
• Mortgage financing
• Contingency/risk in valuation
• Damages-assessment

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McKinnon v. Cadegan

Court

Supreme Court of Nova Scotia

The court fixed party-and-party costs under Tariff A with the "amount involved" determined at $594,191.95, applied Scale 2 (not Scale 3), found the trial length to be 13 days, awarded tariff costs of $49,750 plus $26,000 for trial days (total $75,750), declined the 50% Rule 10.09(2)(c) uplift but exercised Rule 77.07 discretion to increase the tariff award by 15% ($11,362.50) yielding costs of $87,211.50; allowed disbursements of $30,486.66 as necessary and reasonable; total judgment for costs and disbursements $117,698.16 payable by the Plaintiffs, because the Defendant obtained a favourable…

Source excerpt

• Costs assessment
• Tariff a
• Formal offer to settle (rule 10.09)
• Disbursements
• Amount involved
• Trial days determination

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Din v. Fraser Health Authority

Court

Supreme Court of British Columbia

La demanda por muerte indebida fue desestimada en juicio sumario porque los demandantes no presentaron prueba pericial ni demostraron negligencia o causalidad.

• Negligence
• Battery
• Intentional infliction of nervous shock
• Summary trial suitability
• Expert evidence
• Causation

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Roberts v. Morgan

Court

Supreme Court of British Columbia

La Cour suprême de la Colombie-Britannique a refusé d’ordonner au jury d’inclure une indemnité pour amour, compagnie, soins et guidance sous la Family Compensation Act.

• Family compensation act
• Pecuniary damages
• Loss of companionship
• Jury instructions
• Family-compensation-act
• Pecuniary-damages

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