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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Mariotto v. Rowntree Estate

Court

Supreme Court of British Columbia

A British Columbia court found a minor rear-end collision was a catalyst for the plaintiff’s genuine but multifactorial decline, awarding damages after a 75% contingency discount.

• Causation
• Damages assessment
• Non-pecuniary damages
• Loss of earnings
• Future care
• Pre-existing conditions

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Prasad v. Moriyama

Court

Supreme Court of British Columbia

The court awarded damages to Ms. Prasad for injuries from two rear-end collisions, finding the accidents caused chronic pain and worsened depression despite significant pre-existing conditions.

• Soft tissue injury
• Whiplash
• Chronic pain
• Somatic symptom disorder
• Causation
• Pre‑existing conditions

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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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Moen v. Grantham

Court

Supreme Court of British Columbia

The B.C. Supreme Court awarded damages for chronic pain, depression, loss of earning capacity, future care, special damages, and an in-trust claim arising from multiple MVAs.

• Causation
• Damages assessment
• Loss of earning capacity
• Future care costs
• Non-pecuniary damages
• In-trust recovery

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Kulla v. Chiu

Court

Supreme Court of British Columbia

The court found the plaintiff only proved transient whiplash-type injuries from the 2014 rear-end collision and awarded $60,000 in non-pecuniary damages.

• Causation
• Credibility assessment
• Non-pecuniary damages
• Mitigation
• Expert evidence
• Pre-existing conditions

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Tritton v. Lai

Court

Supreme Court of British Columbia

The court found an MVA caused soft tissue injuries that aggravated pre-existing conditions, leading to chronic pain, mental health decline, and reduced earning capacity.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Special damages
• Pre-existing conditions

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Girvan v. McGlue

Court

Supreme Court of British Columbia

Motor vehicle injury trial in which the plaintiff proved some accident-related injuries, but credibility problems led the court to reduce damages 40% for pre-existing conditions.

• Causation
• Credibility assessment
• Damages quantification
• Loss of earning capacity
• Cost of future care
• Pre-existing conditions

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Wishart v. Mirhadi

Court

Supreme Court of British Columbia

The Court found the 2018 collision aggravated pre-existing neck and thoracic pain, caused costochondritis and anxiety, but not the rib subluxation, and awarded $254,755.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Housekeeping capacity
• Pre-existing conditions

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Lundgren v. Taylor

Court

Supreme Court of British Columbia

The court found the defendant Eyra liable for the 2018 collision and awarded the plaintiff $483,336.30 for injuries from the 2016 and 2018 accidents.

• Liability
• Causation
• Non-pecuniary damages
• Cost of future care
• Loss of earning capacity
• Pre-existing conditions

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