Canada Case Law

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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Mudhar v. Chawla

Court

Supreme Court of British Columbia

A BC Supreme Court damages decision arising from a 2017 motor vehicle accident, addressing causation, divisible injuries, mitigation, and multiple heads of damages.

• Causation
• Divisibility of damages
• Failure to mitigate
• Non-pecuniary damages
• Past income loss
• Future income loss

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Meldazy v. Nassar

Court

Court of Appeal for Ontario

The Court dismissed the appeal because the trial judge properly exercised her discretion in refusing the appellants' proposed jury questions as flawed or novel, the single damages question together with comprehensive jury instructions made clear the 'but for' causation test and limited liability to injuries caused by the bus accident, challenges to the respondent's expert on past income loss went to weight not admissibility and were for the jury, and the jury's $90,000 award for past income loss was not so plainly unreasonable as to justify appellate interference.

Source excerpt

• Causation
• Apportionment of damages
• Jury instructions
• Expert evidence
• Past income loss
• Divisible and indivisible injuries

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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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Sandhu v. KCP Heavy Industries Co. Ltd.

Court

Supreme Court of British Columbia

Default judgment damages assessment for a workplace accident resulted in awards for non-pecuniary loss, past income loss, and WorkSafeBC care costs.

• Non-pecuniary damages
• Past income loss
• Past care costs
• Causation
• Pre-judgment interest
• Default judgment

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Bennett v. Lopez

Court

Supreme Court of British Columbia

The court found the motor vehicle accident caused several physical injuries and some psychiatric harm, but not the claimed neurocognitive disorder, and awarded damages accordingly.

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

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Ponych v. Klose

Court

Supreme Court of British Columbia

Judge found plaintiff suffered an mTBI and ongoing post-concussion syndrome on balance of probabilities, accepted plaintiff as credible and reliable overall, declined to draw adverse inferences requested, preferred averaging pre-accident business income (2014–2017) over using a single best year, applied earnings approach to future loss, rejected medical marijuana as an allowable future care expense absent medical supervision, and quantified damages accordingly: non-pecuniary $250,000; past loss $255,955; future loss $1,261,000; future care $86,787.08; loss of homemaking $68,487; special damag…

Source excerpt

• Causation
• Credibility
• Adverse inference
• Non-pecuniary damages
• Past income loss
• Future loss of earning capacity

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Dai v. Grose

Court

Supreme Court of British Columbia

Rear-end motor vehicle collision claim in which liability was admitted, but the court assessed causation, memory, tinnitus, visual symptoms and income loss before awarding damages.

• Non-pecuniary damages
• Past income loss
• Future income loss
• Costs of future care
• Causation
• Expert medical evidence

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Li v. Dong

Court

Supreme Court of British Columbia

Trial judgment in a motor vehicle accident case awarding damages for chronic soft tissue injuries, future earning impairment, future care, and related losses.

• Non-pecuniary damages
• Failure to mitigate
• Past income loss
• Future earning capacity
• Cost of future care
• Special damages

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Suri v. Thomasen

Court

Supreme Court of British Columbia

The court awarded damages after four admitted motor vehicle accidents caused chronic physical and psychological injuries and rejected the defendants’ mitigation arguments.

• Causation
• Mitigation
• Non-pecuniary damages
• Past income loss
• Future loss of earning capacity
• Costs of future care

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