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Tort 2022 BCSC 1704

Chernichen v. Mundy

Rear-end collision case on quantum only. The court awarded damages for chronic myofascial injuries, headaches, past income loss, future earning impairment, and future care.

  • Non-pecuniary damages
  • Loss of earning capacity
  • Future care costs
  • Special damages
  • Housekeeping capacity
  • Quantum assessment
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Tort 2020 BCSC 1330

Findlay v. Sun

Motor vehicle accident trial. Liability was admitted; the court found ongoing neck and back pain was caused by the collision and awarded $119,078.94 in damages.

  • Causation
  • Non-pecuniary damages
  • Loss of future earning capacity
  • Cost of future care
  • Special damages
  • Quantum assessment
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Torts 2020 BCSC 115

Cegielka v. Grace

The court awarded damages for soft-tissue injuries from a motor vehicle accident, including non-pecuniary damages, future earning capacity loss, and modest future care costs.

  • Non-pecuniary damages
  • Loss of future earning capacity
  • Cost of future care
  • Causation
  • Quantum assessment
  • Non-pecuniary-damages
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Personal injury 2016 BCSC 2342

Ramchuk v. Wagar

Quantum assessment in a personal injury action arising from a rear-end collision, addressing aggravation of pre-existing disabilities, non-pecuniary damages, and future care.

  • Quantum assessment
  • Non-pecuniary damages
  • Future cost of care
  • Aggravation of pre-existing condition
  • Apportionment
  • Medical evidence weight
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Tort 2015 BCSC 2393

Duda v. Sekhon

The court found the plaintiff credible, rejected a Browne v. Dunn challenge, and awarded damages for soft tissue injuries from two motor vehicle accidents.

  • Non-pecuniary damages
  • Past loss of income
  • Future loss of earning capacity
  • Cost of future care
  • Confrontation principle
  • Quantum assessment
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Tort 2015 BCSC 1740

Boysen-Barstow v. Insurance Corporation of British Columbia

The court assessed damages after a motor vehicle collision, awarding non-pecuniary damages, past income loss, future earning capacity, special damages, future care, and training costs.

  • Non-pecuniary damages
  • Past income loss
  • Future earning capacity
  • Special damages
  • Future care
  • Rehabilitation and training
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Tort 2013 BCSC 1545

Payne v. Miles

Motor vehicle accident case finding a moderate to moderate-severe brain injury with lasting cognitive, emotional and fatigue-related impairments, and awarding damages for loss and future care.

  • Non-pecuniary damages
  • Wage loss (future and past)
  • Future care costs
  • Causation
  • Liability
  • Credibility
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Tort 2009 BCSC 649

Kasic v. Leyh

The court found the 2004 rear-end collision caused a permanent partial back disability, rejected the defence’s pre-existing-condition theory, and awarded $100,000 for loss of earning capacity.

  • Loss of earning capacity
  • Non-pecuniary damages
  • Causation
  • Pre-existing condition and apportionment
  • Credibility
  • Quantum assessment
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Personal injury 2009 BCSC 485

Smith v. Bhangu

The court found the 1999 rear-end collision caused the plaintiff’s chronic lower back condition and awarded damages for pain, loss of earning capacity, and rehabilitation.

  • Causation
  • Mitigation
  • Loss of future earning capacity
  • General damages
  • Medical evidence
  • Quantum assessment
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Torts 2008 BCSC 1577

Reimer v. Cultus Lake Waterpark Ltd.

Personal injury trial judgment awarding Mr. Reimer damages for chronic neck pain, psychological sequelae, past income loss, reduced earning capacity, and future care.

  • Pain and suffering
  • Loss of earning capacity
  • Mitigation
  • Future care
  • Causation
  • Quantum assessment
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