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Limitation law 2025 BCSC 2236

Bassi v. Chahal

The court dismissed a summary trial application on limitation because disability, credibility, and indivisible-injury issues required viva voce evidence at trial.

  • Limitation period
  • Disability tolling
  • Divisible vs indivisible injuries
  • Summary trial suitability
  • Acknowledgement/estoppel
  • Costs
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Tort 2023 BCSC 612

Lundgren v. Taylor

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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Torts 2021 BCSC 2056

Gylytiuk v. Krause

A British Columbia judge found an illegal U-turn caused a motorcycle collision, apportioned fault 75/25, and awarded $222,481.50 in damages after reduction.

  • Negligence
  • Causation
  • Contributory negligence
  • Apportionment
  • Non-pecuniary damages
  • Future care
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Tort law 2020 BCSC 1712

Alragheb v. Francis

Trial judgment on successive motor vehicle accidents. The court found indivisible injuries and reduced post-second-accident damages by 25% and pre-second-accident damages by 50%.

  • Apportionment of fault for successive accidents
  • Divisible vs indivisible injuries
  • Assessment of non-pecuniary damages
  • Past and future loss of earning capacity
  • Costs of future care
  • Stare decisis on trial judges
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Tort 2019 BCSC 1398

Brooks v. Habib

The court found the plaintiff sustained compensable neck, upper back and shoulder-girdle injuries in a rear-end collision, rejected a late novus actus amendment, and awarded damages.

  • Causation
  • Novus actus interveniens
  • Divisible vs indivisible injuries
  • Adverse inference
  • Credibility and reliability of witnesses
  • Assessment of damages
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Tort 2019 BCSC 821

Dale v. Vickers

The court held the plaintiff’s injuries from three motor vehicle accidents were indivisible, but damages from the first accident were barred by limitation.

  • Causation
  • Divisible vs indivisible injuries
  • Damages
  • Non-pecuniary damages
  • Loss of earning capacity
  • Cost of future care
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Tort 2017 BCSC 753

Fleming v. McAllister

Supplementary reasons apportion damages among three motor vehicle incidents, distinguishing indivisible and divisible injuries and requiring deduction of settlement proceeds for the indivisible injury.

  • Divisible vs indivisible injuries
  • Apportionment of damages between successive tortfeasors
  • Deduction of settlement proceeds
  • Joint and several liability
  • Negligence act s.4
  • Damages-apportionment
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Tort 2016 BCSC 1722

Chappell v. Loyie

Motor vehicle injury trial on causation and damages; the court found the accident materially caused several injuries and awarded damages, but rejected a notional pension loss claim.

  • Causation
  • Pre-existing conditions
  • Divisible vs indivisible injuries
  • Damages assessment
  • Non-pecuniary damages
  • Loss of earning capacity
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Torts 2014 BCSC 1472

Miley v. Abulaban

Rear-end collision case finding a permanent low back injury, awarding damages for pain, earning capacity, and future care after rejecting mitigation and divisibility arguments.

  • Causation
  • Divisible vs indivisible injuries
  • Non-pecuniary damages
  • Special damages
  • Loss of earning capacity
  • Future cost of care
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Tort 2011 BCSC 1391

K.A.K. v. British Columbia,

Trial on damages after the Crown admitted liability for failing to protect children from neglect and abuse. The court assessed indivisible psychological injuries and damages for multiple plaintiffs.

  • Negligence
  • Causation (but for; material contribution)
  • Divisible vs indivisible injuries
  • Thin skull/crumbling skull doctrines
  • Assessment of non-pecuniary and future pecuniary damages
  • Future care costs and double recovery
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.