Canada Case Law

Moise v. Black Top and Checker Cabs Ltd.

Court

Supreme Court of British Columbia

The court found the Accident caused a mild traumatic brain injury and chronic low back and coccyx/pelvic pain resulting in a permanent partial disability that affects employment and mental health; accepted key expert evidence (Dr. Masri, Dr. Cameron, Louise Craig, vocational experts) and applied the earnings approach to quantify future loss. The court calculated without-Accident present value earnings at $1,716,266 and with-Accident present value earnings at $1,132,376, awarding future loss $583,890; awarded non-pecuniary damages $210,000; past loss $27,461; future cost of care $42,954; speci…

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• Non-pecuniary damages
• Future loss of earning capacity
• Cost of future care
• Housekeeping capacity
• Credibility assessment
• Mild traumatic brain injury

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Sidhu v. Gill

Court

Supreme Court of British Columbia

The court found on the balance of probabilities that the 2018 collision was the sole and effective cause of the plaintiff's ongoing soft tissue injuries and symptomatic lumbar disc condition; pre-existing 2011/2012 injuries and degenerative disc disease did not present a measurable risk that would have produced the present level of disability absent the 2018 accident; accordingly full compensation was awarded for non-pecuniary loss, adjusted past income loss, quantified future loss of earning capacity using the earnings approach, and reasonable future care and housekeeping awards based on exp…

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• Causation
• Damages quantum
• Non-pecuniary damages
• Past loss of income
• Future loss of earning capacity
• Cost of future care

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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 $…

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

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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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Srenkel v. Kong

Court

Supreme Court of British Columbia

Motor vehicle accident damages case in which the plaintiff was awarded $2,828,402.58, including future income loss, housekeeping loss, future care, and in-trust awards.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Housekeeping capacity
• Causation
• Credibility

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Matanagh v. Lanctot

Court

Supreme Court of British Columbia

The court found the plaintiff proved only temporary physical and psychological aggravation from the collision, awarding $97,641.40 and dismissing future care and housekeeping claims.

• Causation
• Non-pecuniary damages
• Future care
• Housekeeping capacity
• Credibility assessment
• Costs

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Campbell v. Leslie

Court

Supreme Court of British Columbia

The Court found the collision caused multiple soft tissue, headache, Achilles tendon, and psychiatric injuries, then applied a 30% reduction for pre-existing and intervening factors.

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

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Ranseth v. Doe

Court

Supreme Court of British Columbia

Trial judgment awarding damages for a hit-and-run MVA. The Court found the accident caused ongoing back and hip pain, aggravated headaches, and vocational disability.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Housekeeping capacity
• Psychiatric injury

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Parvanta v. Zhang

Court

Supreme Court of British Columbia

Trial reasons on damages after the 2007 and 2008 motor vehicle accidents, addressing causation, credibility, mitigation, and quantification of loss.

• Causation
• Mitigation
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Housekeeping capacity

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Matwijec v. Goodridge

Court

Supreme Court of British Columbia

The court found the plaintiff’s accident injuries caused bilateral shoulder tears, chronic pain and psychological harm, and awarded damages accordingly.

• Causation
• Pre-existing conditions
• Mitigation
• Non-pecuniary damages
• Past and future loss of earning capacity
• Housekeeping capacity

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