Canada Case Law

D.R. v. E.G.A

Court

Supreme Court of Nova Scotia

Default judgment admitted the material facts of prolonged, invasive sexual abuse; the plaintiff's testimony and medical records established causation and chronic psychological and physical injuries; applying Blackwater and comparable authorities the court assessed non-pecuniary damages at $325,000, awarded $100,000 for partial loss of earning capacity, $15,000 for future care, pre-judgment interest at 2.5% for three years ($24,375), disbursements $708.66 and costs $2,000.

Source excerpt

• Child sexual abuse
• Sexual assault
• Default judgment
• General damages
• Loss of earning capacity
• Future cost of care

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H.D. v. British Columbia (Ministry of Children and Family Development)

Court

Supreme Court of British Columbia

The court held the plaintiff could renounce future CLBC benefits to avoid double recovery and approved a lifelong agency-based care model with day and night rates.

• Double recovery
• Deductibility of collateral/government benefits
• Future cost of care
• Peters principle (elective self-funding)
• Community living bc (clbc) eligibility and limits
• Mitigation and undertakings

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Dehghan v. Dhillon

Court

Supreme Court of British Columbia

The court awarded Mr. Dehghan damages for chronic pain, headaches, aggravated depression, housekeeping loss and future care after two admitted motor vehicle accidents.

• Non-pecuniary damages
• Future cost of care
• Loss of housekeeping capacity
• Causation and aggravation
• Credibility
• Personal-injury-damages

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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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Sidhu v. Hiebert

Court

Supreme Court of British Columbia

The court varied an in-trust award downward, upheld the PROP treatment, ordered ongoing CSIL and PWD deductions to a fixed date, and dismissed ICBC’s costs variation application.

• In-trust award
• Future cost of care
• Csil
• Prop
• Pwd benefits
• Double recovery

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Lundgren v. Taylor

Court

Supreme Court of British Columbia

The court allowed s. 83 deductions for Part 7 benefits, including the full future care award and part of special damages, reducing the judgment by $279,823.88.

• S.83 deductions
• Part 7 benefits
• Future cost of care
• Special damages
• Rehabilitation requirement
• S83-deductions

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Storey v. Singh

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a cross-appeal over s. 83 deductions for Part 7 benefits, upholding deductions for medication, vocational counselling, pain clinic care, and physiotherapy.

• S.83 deduction of part 7 benefits
• Meaning of rehabilitation
• Future cost of care
• Contingency reductions
• Present value valuation
• Insurance-law

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Huang v. Beatch

Court

Supreme Court of British Columbia

Ms. Huang recovered damages for injuries from a crosswalk collision, including neck and back pain, headaches, and a depressive episode that largely remitted by spring 2015.

• Non-pecuniary damages
• Causation
• Mitigation
• Future cost of care
• Special damages
• Credibility assessment

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Meisters v. Tompkins

Court

British Columbia Court of Appeal

The Court of Appeal varied s. 83 deductions for future earning capacity and future care, held paid post-trial benefits must be credited first, and refused fresh evidence.

• S.83 insurance (vehicle) act deductions
• Part vii no‑fault benefits (icbc)
• Future loss of earning capacity
• Future cost of care
• Contingency reductions
• Entitlement and waiver

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Sidhu v. Hiebert

Court

Supreme Court of British Columbia

The court awarded $55,000 for management fees and $1,613,599 for tax gross-up, finding ongoing independent financial advice was warranted on the evidence.

• Tax gross-up
• Management fees
• Future cost of care
• Statutory discount rate
• Expert evidence
• Tax-gross-up

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