Canada Case Law

Kanackathundiyil v. McAllister

Court

Supreme Court of British Columbia

The court found the plaintiff credible and established on a balance of probabilities that the 2018 motor vehicle collision caused the plaintiff's neck pain with restricted motion, right arm pain and radiculopathy (leading to C6/7 surgery), new throbbing lower back pain, post-traumatic headaches and consequent mood disturbance; pre-accident episodic lower back spasm was not causative of the new disabling symptoms; plaintiff was disabled from work despite earnest RTW attempts and is entitled to past and future income loss, pension loss, non-pecuniary damages, housekeeping replacement and specif…

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• Causation
• Damages
• Non-pecuniary damages
• Future care
• Loss of earnings
• Credibility assessment

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Hyde v. Witzke

Court

Supreme Court of British Columbia

On the balance of probabilities the plaintiff's persistent and sometimes severe headaches are attributable to the 2017 motor vehicle accident; the defence MOH hypothesis was not proven given weak clinical support for MOH caused by simple analgesics alone and the plaintiff's symptoms did not improve when he ceased analgesics; credibility concerns required caution in assessing evidence and reduced some quantum, but overall the plaintiff established liability and entitlement to damages totalling $540,156.59.

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• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Special damages
• Medication overuse headache

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Rounis v. Singh

Court

Supreme Court of British Columbia

On the balance of probabilities the accident caused the plaintiff's chronic musculoskeletal and psychological impairments; quantification used replacement labour cost method for past loss during the restaurant period (reduced 50% for contingencies), earnings-based approach for post-sale past loss (25% adjustment), and an earnings-approach valuation for future loss with adjustments for contingencies and assumed limited part-time residual earnings to age 65; housekeeping loss was not awarded separately and future care was assessed on a medically supported, adjusted plan; total damages awarded $…

Source excerpt

• Causation
• Non-pecuniary damages
• Past income loss
• Future income loss
• Future care
• Housekeeping capacity

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Cox v. Peabody

Court

Supreme Court of British Columbia

The court found the defendant solely liable for a left-turn collision and awarded the plaintiff $1,087,110.53 for injuries, income loss, future care and special damages.

• Liability
• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Credibility assessment

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Fuentes v. Houghton

Court

Supreme Court of British Columbia

Supreme Court of British Columbia damages decision awarding a pedestrian plaintiff compensation for chronic pain, earning-capacity loss, and limited future care after a motor vehicle collision.

• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Causation
• In-trust claim
• Money management fees

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Nguyen v. Zeng

Court

Supreme Court of British Columbia

Trial judgment in a multi-accident personal injury case. The court found divisible physical injuries, an indivisible traffic-related phobia, and awarded damages of $83,889.52.

• Causation
• Divisibility of injury
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Expert evidence

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Meyers v. Hall

Court

Supreme Court of British Columbia

Trial judgment assessing damages after an admitted-liability motor vehicle collision caused chronic pain, career change, and disputed earning-capacity losses.

• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Special damages
• Assessment of damages
• Evidence and valuation of business losses

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Pearson v. Osseiran

Court

Supreme Court of British Columbia

Motor vehicle collision trial: liability, causation, mitigation, and damages. Plaintiff succeeded on liability and most injury claims, but not on mild traumatic brain injury.

• Liability
• Causation
• Damages
• Credibility assessment
• Failure to mitigate
• Future care

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Garmo v. Landry

Court

Supreme Court of British Columbia

Rear-end collision personal injury trial assessing causation, mitigation and damages. The court awarded damages for soft tissue, headache and psychological injuries.

• Causation
• Mitigation
• Credibility
• Non-pecuniary damages
• Loss of earning capacity
• Future care

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Sandhu v. Chhabra

Court

Supreme Court of British Columbia

Rear-end collision case finding the defendants liable and awarding damages for physical injuries, chronic pain, psychiatric injury, and future care, while rejecting some claimed losses.

• Liability
• Causation
• Non-pecuniary damages
• Future care
• Mitigation
• Loss of earning capacity

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