Canada Case Law

Maan v. Todd

Court

Supreme Court of British Columbia

Defendant liable for rear-end collision; on balance the court preferred the plaintiff's neurosurgical and psychiatric experts (Drs. Heran and Waisman) over the defendant's experts and found the MVA caused chronic left-sided neck/shoulder pain (including probable TOS and ulnar neuropathy/double crush), cervicogenic headaches and materially exacerbated pre-existing PTSD and major depressive disorder leading to somatic symptom disorder; plaintiff entitled to damages assessed by a capital approach for loss of earning capacity with contingencies and specific awards for non-pecuniary loss, housekee…

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• Liability
• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Credibility and expert evidence

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Taylor v. Porter

Court

Supreme Court of British Columbia

The court found a rear-end collision caused ongoing headaches, soft tissue injury, and psychological harm, awarding the plaintiff $328,887.86 in damages.

• Causation
• Non-pecuniary damages
• Past and future loss of income
• Cost of future care
• Mitigation
• Credibility and expert evidence

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M.B.H.U. v. K.V.

Court

Supreme Court of British Columbia

Interim family law orders increased the father’s parenting time, kept joint health decision-making, awarded child support and retroactive support, and ordered a s. 211 report.

• Best interests of the child
• Decision-making authority for health
• Section 7 expenses
• Retroactive child support
• Parenting coordinator
• Credibility and expert evidence

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Tyler v. Sowinski

Court

Supreme Court of British Columbia

The court found the motor vehicle accident caused physical and psychological injuries, awarded damages for pain, income loss, future earning capacity, and limited future care.

• Non-pecuniary damages
• Past wage loss
• Future earning capacity
• Psychiatric injury
• Whiplash associated disorder
• Credibility and expert evidence

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Theobald v. Coffey-Lewis

Court

Supreme Court of British Columbia

The court found the plaintiff’s two motor vehicle accidents caused indivisible neck, back and left shoulder injuries, while her knee condition was largely divisible.

• Causation
• Divisibility of injuries
• Apportionment
• Non-pecuniary damages
• Past and future loss of earning capacity
• Cost of future care

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McHollister v. Ma

Court

Supreme Court of British Columbia

The court awarded damages after three motor vehicle accidents, finding soft tissue injuries and psychological harm from the later accidents but no MTBI.

• Causation
• Loss of earning capacity
• Non-pecuniary damages
• Cost of future care
• Credibility and expert evidence
• Vocational assessment

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Mascarenhas v. Winter

Court

Supreme Court of British Columbia

Liability was admitted for two accidents, and the court assessed damages only. The plaintiff recovered non-pecuniary damages, future care, past wage loss, and special damages, with a mitigation deduction.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Mitigation
• Credibility and expert evidence
• Personal-injury

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Achan v. Jin

Court

Supreme Court of British Columbia

The court awarded damages to Ms. Achan for chronic soft tissue pain, headaches, driving anxiety, and related earning and housekeeping losses after a rear-end collision.

• Non-pecuniary damages
• Loss of earning capacity
• Housekeeping capacity
• Future care
• Mitigation
• Credibility and expert evidence

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Cook v. Kang

Court

Supreme Court of British Columbia

Trial judgment on injuries from four motor vehicle collisions, addressing liability, causation, credibility, future care, and an unidentified-driver claim against ICBC.

• Causation
• Nominal defendant (s.24(5) insurance (vehicle) act)
• Assessment of damages
• Credibility and expert evidence
• Costs of future care
• Divisibility of injuries

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Sahota v. Slupskyy

Court

Supreme Court of British Columbia

Court held the 2016 rear-end collision materially aggravated pre-existing soft-tissue injuries and awarded damages for pain, past and future earning loss, special damages, and future care.

• Causation
• Damage assessment
• Non-pecuniary damages
• Loss of earning capacity
• Special damages (homemaker)
• Cost of future care

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