A BC trial court held that a real estate contract was repudiated, that the husband acted as the wife’s agent, and that the realtor’s breaches did not cause the loss.
The court found the defendant negligent in a motor vehicle collision and held the plaintiff suffered an MTBI that caused cognitive deficits, loss of earning capacity, and damages.
The Court of Appeal allowed ICBC’s appeal, set aside a damages award, and ordered a new trial after finding errors in divisibility, causation, expert evidence, and future income assessment.
The court found the occupier liable for a trip-and-fall on loose rocks in a parking-lot median, excluded an expert report, and apportioned 50% contributory negligence.
On the balance of probabilities the Court found Dr. Bajwa breached the standard of care by reassuring the plaintiff after eliciting symptoms and failing to secure or ensure a prompt physical examination, which caused a delay in diagnosis and treatment such that the left below-knee amputation would probably have been avoided had assessment and vascular intervention occurred earlier; Dr. Gross was not liable because the teaching-hospital triage and resident-on-call system and the answering-machine directions met the realistic and reasonable standard.
The court found the defendant breached a duty to warn of a displaced barrier after an earlier collision, but the plaintiff was also 50% contributorily negligent.
A mortgage investor sued his broker for negligence after relying on a third-party appraisal that overstated the property’s value. The court dismissed the claim.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the surgeon failed to obtain informed consent by not disclosing that the procedure would eliminate wrist motion and insert a metal plate, that a reasonable person in the plaintiff's position would not have agreed to total wrist fusion, and that the loss of ability to play golf was causally linked to the undisclosed total wrist fusion; issues about RSD disclosure were immaterial to the ultimate decision and credibility findings were properly made by the trial judge.
Slip-and-fall action under the Occupiers Liability Act. The court found the boardwalk was unreasonably slippery when wet and awarded damages to the plaintiff.
Adjudicator found the solicitor breached the standard of care by failing to confirm and secure agreement on contentious collateral items, but the claimant failed to prove causation because evidence showed there was no agreement on those items at the time and therefore no basis to conclude the breach caused the loss; claim dismissed.