Canada Case Law

McCafferty v. Jim Pattison Industries Ltd.

Court

Supreme Court of British Columbia

Court accepted plaintiff's credibility and reliability overall, found MVA1 caused MTBI (resolved), chronic soft tissue injuries to neck/right upper back/shoulder, cervicogenic chronic headaches, disrupted sleep and mood/personality changes; MVA2 produced only brief aggravation; plaintiff unlikely to have significant lasting improvement; plaintiff failed to prove past loss of earning capacity due to insufficient evidence of lost side-work opportunities, but proved a real and substantial possibility of future pecuniary loss due to loss of capacity and the changed employment circumstances; capit…

Source excerpt

• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Causation
• Credibility and clinical records

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Insurance Corporation of British Columbia v. Roy-Noel

Court

British Columbia Court of Appeal

The trial judge erred by entering an unconditional lump sum for psilocybin-related future care despite expressly conditioning reasonableness on lawful prescription with Health Canada authorization; because the order did not reflect that prerequisite or apply an appropriate negative contingency, the psilocybin portion must be remitted to the trial judge for redetermination.

Source excerpt

• Future care costs
• Medical necessity
• Contingency discounts
• Health canada authorization
• Psilocybin
• Remittal for redetermination

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Funk v. White

Court

Supreme Court of British Columbia

The court awarded damages for catastrophic TBI from a 2011 truck collision, finding lifelong care needs, a 38-year life expectancy, and significant income and care losses.

• Traumatic brain injury
• Damages assessment
• Life expectancy
• Future care costs
• In‑trust award
• Non‑pecuniary damages

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Caney v. Caney

Court

Supreme Court of British Columbia

Trial judgment in a motor vehicle personal injury claim. The court found the accident caused vestibular injury, headaches, neck pain and anxiety-related adjustment disorder, and awarded damages.

• Causation
• Damages assessment
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Mitigation

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K.H.C. v. Scheirer

Court

Supreme Court of British Columbia

The court found the defendant liable for sexual battery and awarded non-pecuniary, punitive and future care damages after relying on the prior criminal conviction.

• Sexual battery
• Non-pecuniary damages
• Aggravated damages
• Punitive damages
• Future care costs
• Issue estoppel/comity

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K.A.R. v. Dawson

Court

Supreme Court of British Columbia

The court found the collision caused soft tissue injuries and headaches, but not a traumatic brain injury or psychiatric injury. Damages were limited to $85,200.65.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Publication ban / anonymization
• Clinical records admissibility (business records)
• Credibility assessment

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Lewis v. Gibeau

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal in part, replacing a global loss-of-earning-capacity award with separate past and future awards, while upholding the dismissal of housekeeping costs.

• Loss of earning capacity
• Future care costs
• Non-pecuniary damages
• Capital asset approach
• Earnings approach
• Contingency deductions

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Clapson v. Knight

Court

Supreme Court of British Columbia

Motor vehicle accident judgment awarding the plaintiff $1,606,463.94 in damages, including non-pecuniary loss, past and future earning capacity, future care, and special damages.

• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Mitigation
• Credibility and reliability
• Weight of expert evidence

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Thomas v. Mckee

Court

Supreme Court of British Columbia

The court awarded damages after four admitted motor vehicle accidents caused chronic pain, headaches, and severe psychiatric injury affecting work and daily life.

• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Causation
• Credibility and reliability
• Mitigation

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Chu v. Brammer

Court

Supreme Court of British Columbia

The court found the collision caused the plaintiff’s neck, back, right shoulder and knee injuries, plus depression, and awarded $454,335.56 in damages.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Housekeeping
• In-trust claim

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