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Canada Case Law

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Tort 2024 BCCA 400

MacFarlane v. Gustafson

Appeals in a catastrophic injury negligence case were dismissed. The Court upheld the finding of no contributory negligence, a 10% future care contingency deduction, and double costs.

  • Contributory negligence
  • Cost of future care
  • Personal care contingency
  • Offer to settle and calderbank/offer rules
  • Double costs
  • Accommodative housing
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Tort 2022 BCSC 1872

Gustafson v. MacFarlane

The court found the defendant negligent in a Gator accident that catastrophically injured the plaintiff, and awarded substantial damages including future care, in-trust care, and income loss.

  • Negligence
  • Contributory negligence
  • Future care
  • In‑trust award
  • Loss of earning capacity
  • Accommodative housing
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.