Canada Case Law

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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Malhi v. De Claro

Court

Supreme Court of British Columbia

The court found the plaintiff suffered injuries beyond an admitted hand fracture from a head-on collision, including concussion, soft-tissue injury, PTSD and chronic pain, and awarded damages.

• Non-pecuniary damages
• Future earning capacity
• Past loss of income
• Cost of future care
• Housekeeping services
• Credibility assessment

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Peckham v. Singh

Court

Supreme Court of British Columbia

The court dismissed a mistrial motion, holding there was no inconsistency in a jury awarding $0 for past income loss while awarding future earning capacity and care damages.

• Mistrial
• Jury verdict review
• Quantum of damages
• Causation
• Past loss of income
• Future loss of earning capacity

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Malhi v. Dhaliwal

Court

Supreme Court of British Columbia

Trial judgment awarding damages for injuries from a rear-end collision, including permanent soft tissue injury, traumatic TOS, future care, housekeeping, and lost earning capacity.

• Thoracic outlet syndrome
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Failure to mitigate
• Credibility assessment

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Murphy v. Snippa

Court

British Columbia Court of Appeal

Appeal allowed in a BC personal injury damages case. The Court ordered a new trial after finding unsupported global deductions for causation and mitigation, plus speculative future earnings findings.

• Crumbling skull
• Contingency deduction (dornan analysis)
• Loss of future earning capacity
• Past loss of income
• Mitigation (chiu test)
• Causation

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Krepski v. Valenciano

Court

Supreme Court of British Columbia

Following a motor vehicle collision, the court awarded damages for chronic soft-tissue pain, headaches, anxiety, lost income, future earning loss, care costs and an in-trust claim.

• Non-pecuniary damages
• Past loss of income
• Future loss of earning capacity
• Cost of future care
• Mitigation
• Causation and pre‑existing condition

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Augusta-Mansfield v. Yun

Court

Supreme Court of British Columbia

The court awarded the plaintiff damages for soft tissue and psychological injuries from a motor vehicle accident, including non-pecuniary loss, past income loss, and future earning capacity.

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

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Hewitt v. Tang

Court

Supreme Court of British Columbia

The court awarded Jacqueline Hewitt $868,471.31 for motor vehicle accident injuries, including non-pecuniary loss, past income loss, future earning loss, future care, and special damages.

• Non-pecuniary damages
• Past loss of income
• Future loss of earning capacity
• Cost of future care
• Loss of housekeeping capacity
• Special damages

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Melvin v. Li

Court

Supreme Court of British Columbia

The court awarded damages for chronic accident-related pain, past income loss, future earning capacity, and future care, while disallowing smoked marijuana costs.

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

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Boal v. Parilla

Court

Supreme Court of British Columbia

Trial judgment in a BC motor vehicle injury case awarding damages for chronic pain, headaches, psychological symptoms, income loss, future care, and an in-trust claim.

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

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