Canada Case Law

Blenus v. Fraser

Court

Nova Scotia Court of Appeal

The appeal was dismissed because the trial judge’s unchallenged and well‑supported factual findings — notably adverse credibility and reliability assessments of the appellant and the finding that the business closure resulted from a breakdown in the father‑son relationship rather than the accident — negated causation for lost income and diminished earning capacity; alternatively the judge correctly found failure to mitigate. No error of law or demonstrable basis for appellate interference was shown.

Source excerpt

• Loss of income
• Diminished earning capacity
• Causation
• Duty to mitigate
• Assessment of damages
• Credibility findings

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Abdulle v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck a judicial review application challenging a VAC letter, holding the letter was explanatory only and the real decision was rehabilitation plan cancellation.

• Diminished earning capacity
• Rehabilitation plan cancellation
• Exhaustion of internal remedies
• Reviewability of informational letters
• Motions to strike
• Judicial-review

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Baird v. Lam

Court

Supreme Court of British Columbia

In this motor vehicle injury trial, the court found the plaintiff’s injuries were caused and aggravated by two minor collisions and awarded $145,000 in damages.

• Non-pecuniary damages
• Diminished earning capacity
• Causation
• Quantum
• Medical causation (thoracic outlet syndrome)
• Non-pecuniary-damages

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Senger v. Graham

Court

Supreme Court of British Columbia

The court awarded damages for chronic soft-tissue injuries from a motor vehicle accident, rejecting the defendant’s mitigation defence and accepting the plaintiff’s future loss evidence.

• Non-pecuniary damages
• Past wage loss
• Diminished earning capacity
• Cost of future care
• Special damages
• Mitigation

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G.P. v. W.B.

Court

Supreme Court of British Columbia

The court awarded damages for a rear-end collision that caused persistent back injury and worsened pre-existing mental health conditions, plus future care and earnings losses.

• Non-pecuniary damages
• Diminished earning capacity
• Cost of future care
• Private medical treatment
• Anonymization and sealing orders
• Credibility assessment

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Trenholm v. H & C Trucking Ltd.

Court

Supreme Court of Nova Scotia

The court found on the balance of the evidence that the plaintiff suffered PTSD and associated depression causally connected to the 2003 collision; medical and lay evidence supported that conclusion and admissibility limits on medical records were applied. Damages were assessed on plaintiff's individual circumstances: general damages $70,000, global award for diminished earning capacity $20,000, quantum meruit awards to each parent $3,000; Section B insurer payment (~$10,000) credited against future care; pre-judgment interest awarded at 2.5% for six years; costs to be determined if parties c…

Source excerpt

• Psychiatric injury / nervous shock
• Post-traumatic stress disorder (ptsd)
• Damages - general and special
• Diminished earning capacity
• Pre-judgment interest
• Quantum meruit

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Kim v. Morier

Court

British Columbia Court of Appeal

Appeal allowed. The Court of Appeal set aside a $10,000 award for diminished earning capacity, holding the evidence showed speculation, not a real possibility of future economic loss.

• Diminished earning capacity
• Loss of earning capacity
• Non-pecuniary damages
• Burden of proof
• Causation
• Assessment of damages

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Gravelle v. Seargeant

Court

Supreme Court of British Columbia

The court awarded damages for injuries from two admitted-liability motor vehicle accidents, including permanent pain, diminished earning capacity, and future care.

• Non-pecuniary damages
• Diminished earning capacity
• Past wage loss
• Special damages
• Future care costs
• Loss of domestic capacity

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Szendroi v. Vogler

Court

Nova Scotia Court of Appeal

The appellants established an arguable appeal and a real probability of difficulty of repayment (irreparable harm) and the balance of convenience favored a brief withholding of part of the judgment; accordingly a partial stay was warranted with immediate payment of $275,000 and the balance held in trust subject to specified interest if respondent recovers a larger amount on appeal.

Source excerpt

• Stay of execution
• Damages
• Non pecuniary damages
• Diminished earning capacity
• Costs
• Irreparable harm

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Awalt v. Blanchard

Court

Supreme Court of Nova Scotia

On the balance of probabilities the evidence established the 2004 accident caused a mild whiplash only; the rotator cuff tear and degenerative shoulder pathology were caused by cumulative workplace injuries and degeneration, not the motor vehicle collision; therefore the Minor Injury Regulations apply and general non-pecuniary damages are capped at $2,500 and the plaintiff failed to prove causation for most pecuniary claims related to the shoulder.

Source excerpt

• Causation
• Damages
• Minor injury regulations
• Whiplash
• Loss of income
• Diminished earning capacity

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