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

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Ayrheart v. Alexander

Court

Supreme Court of British Columbia

Trial judgment awarding damages after a motor vehicle collision caused a wrist fracture, chronic pain, and aggravated PTSD. Liability was admitted.

• Causation
• Failure to mitigate
• Non-pecuniary damages
• Past wage loss
• Loss of future earning capacity
• Cost of future care

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Mudhar v. Chawla

Court

Supreme Court of British Columbia

A BC Supreme Court damages decision arising from a 2017 motor vehicle accident, addressing causation, divisible injuries, mitigation, and multiple heads of damages.

• Causation
• Divisibility of damages
• Failure to mitigate
• Non-pecuniary damages
• Past income loss
• Future income loss

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Pearson v. Osseiran

Court

Supreme Court of British Columbia

Motor vehicle collision trial: liability, causation, mitigation, and damages. Plaintiff succeeded on liability and most injury claims, but not on mild traumatic brain injury.

• Liability
• Causation
• Damages
• Credibility assessment
• Failure to mitigate
• Future care

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Cheema v. Pandha

Court

Supreme Court of British Columbia

The court found the defendant liable for an intersection collision and awarded damages for chronic pain, psychological injury, lost earning capacity, future care, and in-trust claims.

• Liability for intersection collisions
• Causation
• Damages assessment
• Non-pecuniary damages
• Loss of earning capacity
• Future care

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Kingbaker Owners Corp. v. Thomson

Court

Supreme Court of British Columbia

The court struck a third-party notice against a law firm, holding the pleaded allegations concerned duties owed to the plaintiffs and fell within the rule in Adams.

• Third‑party notice
• Rule in adams
• Contribution and indemnity
• Agency
• Failure to mitigate
• Fraud allegation

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Takeloo v. Flahmeri

Court

Supreme Court of British Columbia

The court found the defendant 100% liable for an unsafe lane change in a motor vehicle collision, awarded reduced non-pecuniary damages, and dismissed claims for income loss and future care.

• Liability
• Damages
• Credibility
• Expert evidence
• Failure to mitigate
• Discovery/disclosure

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Johal v. Doe

Court

Supreme Court of British Columbia

The court found the plaintiff suffered lasting physical and psychological injuries from a truck rollover, rejected mitigation arguments, and awarded $645,857.74 in damages.

• Non‑pecuniary damages
• Past wage loss
• Future earning capacity
• Loss of homemaking capacity
• Cost of future care
• Failure to mitigate

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Harper v. Mezo

Court

Supreme Court of British Columbia

In a motor vehicle injury trial, the court awarded Marion Harper $799,829.57 after finding the admitted collision caused serious physical injuries, chronic pain, and a concussion.

• Causation
• Non-pecuniary damages
• Future cost of care
• Housekeeping capacity
• Loss of earning capacity
• Credibility and reliability

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Malhi v. Dhaliwal

Court

Supreme Court of British Columbia

Trial judgment awarding damages for injuries from a rear-end collision, including permanent soft tissue injury, traumatic TOS, future care, housekeeping, and lost earning capacity.

• Thoracic outlet syndrome
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Failure to mitigate
• Credibility assessment

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