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Torts 2018 BCCA 68

Barta v. DaSilva

The Court of Appeal dismissed an appeal in a personal injury case, holding there was no palpable and overriding error in findings that the accident caused only a mild concussion and no financial loss.

  • Traumatic brain injury
  • Causation - but for test
  • Appellate review of findings of fact
  • Non-pecuniary damages
  • Loss of earning capacity
  • Expert evidence credibility
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Tort 2013 BCSC 409

Soto v. Peel

The court apportioned no liability to Jennifer Scott or Norman Good, held Andrew Peel primarily responsible for the crash, and found Jeremy Chouinard consented to Peel’s use of the Explorer under s. 86.

  • Motor vehicle act s.86
  • Consent to use vehicle
  • Apportionment of liability
  • Causation - but for test
  • Agony of the moment doctrine
  • Motor-vehicle-act-s-86
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Torts 2007 BCSC 1723

Duley v. Friesen

Personal injury trial over damages from a rear-end collision. The court awarded $31,838.29, found only some injuries were accident-related, and rejected a right forearm claim.

  • Soft tissue injury
  • Causation - but for test
  • Quantification of damages
  • Non-pecuniary damages
  • Past wage loss
  • Housekeeping capacity
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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.