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The court found solicitor negligence for missing the limitation period on a wills variation claim and awarded damages based on the lost inheritance, with the fiduciary duty claim dismissed.
Appeal dismissed. The Court upheld a $450,000 award for loss of future earning capacity, finding the trial judge had implicitly weighed relevant contingencies.
The Court of Appeal dismissed the defendant’s challenge to future care and housekeeping awards, finding no reviewable error in the trial judge’s factual findings.
A British Columbia trial court awarded damages after a rear-end collision caused chronic pain and limited the plaintiff to part-time work, while accounting for pre-existing issues.
Appeal dismissed in a damages case about loss of future earning capacity. The Court upheld use of statistical earnings evidence to quantify the plaintiff’s future loss.
The Court of Appeal allowed the appeal in part, reducing the award for loss of future earning capacity to $370,000 and leaving future care unchanged.
A British Columbia trial judge awarded damages to a teacher injured in a 2013 rear-end collision, reducing future losses by 60% for likely treatment-related improvement.
The Court of Appeal reduced a future care award, holding several claimed items lacked a sufficient medical evidentiary link and one counselling item warranted a contingency reduction.
Rear-end collision case on causation and damages. The court found the 2004 accident caused the plaintiff’s back and hip injuries and awarded $87,231.53.
The SEF 44 endorsement must be read as excess indemnity and its clause 4(b) encompasses amounts an insured is 'entitled to recover' including future streams of LTD and future Section B benefits; the trial judge erred to the extent he refused set-off of future LTD and future Section B benefits and in declining to recognize the insurer's contractual rights of subrogation (clause 9) and assignment (clause 10); accordingly Lombard is entitled to set-off or to pursue subrogation/assignment to the extent of its liability; other trial findings largely stand subject to specific numerical adjustments…
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