Canada Case Law

S.T.H. v. Ivanhoe Cambridge Inc.

Court

Supreme Court of British Columbia

Defendants admitted liability for assault, battery, false arrest and false imprisonment; on the evidence the guards used excessive and unjustified force causing compensable physical injury and chronic PTSD; plaintiff did not fail to mitigate; aggravated harm is reflected in an augmented non-pecuniary award; Paladin's training and investigatory failures constituted conduct referable to the employer warranting punitive damages against Paladin alone; damages quantified accordingly.

Source excerpt

• Assault and battery
• False arrest
• False imprisonment
• Aggravated damages
• Punitive damages
• Causation

Read case analysis

MacDonald v. Sadri

Court

Supreme Court of British Columbia

Motor vehicle injury trial on causation, divisibility, mitigation and damages, with chronic soft tissue injuries, a separate ankle fracture, and future care awards assessed.

• Causation and divisibility
• Mitigation
• Non-pecuniary damages
• Loss of earning capacity
• Costs of future care
• Credibility and reliability

Read case analysis

Woods v. Fehr

Court

Supreme Court of British Columbia

Liability was admitted for two motor vehicle accidents; the court assessed damages after rejecting much of the plaintiff’s subjective and psychiatric evidence.

• Non-pecuniary damages
• Loss of earning capacity
• Costs of future care
• Credibility and reliability
• Mitigation
• In-trust awards

Read case analysis

Harris v. Anderson-Wulff

Court

Supreme Court of British Columbia

Rear-end collision case in which the court found the plaintiff proved accident-related injuries and awarded $1.475 million in damages.

• Causation
• Credibility and reliability of witnesses
• Non-pecuniary damages
• Past and future loss of earning capacity
• Costs of future care
• Mitigation

Read case analysis

Arora v. Chou

Court

Supreme Court of British Columbia

The court awarded damages to a young plaintiff injured in a rear-end collision, accepting chronic back, knee, and neck injuries and assessing loss of earning capacity and future care.

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

Read case analysis

Valcourt v. Tariq

Court

Supreme Court of British Columbia

Assessment of damages after two motor vehicle accidents in which liability was admitted. The court awarded substantial past and future losses, non-pecuniary damages, future care, and referred pension loss for assessment.

• Causation
• Damages assessment
• Loss of earning capacity
• Non-pecuniary damages
• Costs of future care
• Pension loss reference

Read case analysis

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

Read case analysis

Sharma v. Sagoo

Court

Supreme Court of British Columbia

Rear-end collision case on causation and damages. The court awarded the plaintiff damages for soft tissue and foot injuries, but reduced losses using contingencies and rejected speculative income projections.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Costs of future care
• Special damages
• Credibility assessment

Read case analysis

Oh v. Fang

Court

Supreme Court of British Columbia

The court assessed damages for injuries from two admitted-liability motor vehicle collisions, awarding general, pecuniary, and future care damages after rejecting parts of the plaintiff’s earnings claim.

• Non-pecuniary damages
• Loss of earning capacity
• Costs of future care
• Special damages
• Credibility and reliability of evidence
• Non-pecuniary-damages

Read case analysis

Fortin v. Bircham

Court

Supreme Court of British Columbia

The court reduced a s. 83 deduction from a future care award to $25,939, and ordered ICBC to pay $9,061 immediately as a lump sum for future therapy coverage.

• Section 83 insurance (vehicle) act
• Part 7 medical benefits
• Costs of future care
• Deduction for benefits
• Double recovery
• Insurance-law

Read case analysis