Canada Case Law

Moise v. Black Top and Checker Cabs Ltd.

Court

Supreme Court of British Columbia

The court found the Accident caused a mild traumatic brain injury and chronic low back and coccyx/pelvic pain resulting in a permanent partial disability that affects employment and mental health; accepted key expert evidence (Dr. Masri, Dr. Cameron, Louise Craig, vocational experts) and applied the earnings approach to quantify future loss. The court calculated without-Accident present value earnings at $1,716,266 and with-Accident present value earnings at $1,132,376, awarding future loss $583,890; awarded non-pecuniary damages $210,000; past loss $27,461; future cost of care $42,954; speci…

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• Non-pecuniary damages
• Future loss of earning capacity
• Cost of future care
• Housekeeping capacity
• Credibility assessment
• Mild traumatic brain injury

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Sidhu v. Gill

Court

Supreme Court of British Columbia

The court found on the balance of probabilities that the 2018 collision was the sole and effective cause of the plaintiff's ongoing soft tissue injuries and symptomatic lumbar disc condition; pre-existing 2011/2012 injuries and degenerative disc disease did not present a measurable risk that would have produced the present level of disability absent the 2018 accident; accordingly full compensation was awarded for non-pecuniary loss, adjusted past income loss, quantified future loss of earning capacity using the earnings approach, and reasonable future care and housekeeping awards based on exp…

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• Causation
• Damages quantum
• Non-pecuniary damages
• Past loss of income
• Future loss of earning capacity
• Cost of future care

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Cook v. McEwen

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal and set aside an order striking a jury notice in a motor vehicle injury action, finding irrelevant factors were wrongly weighed.

• Jury notice
• Rule 12-6(5) supreme court civil rules
• Indivisible injury
• Apportionment of damages
• Future loss of earning capacity
• Expert evidence

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Pickwell v. Rajwan

Court

British Columbia Court of Appeal

The Court of Appeal upheld a $407,761 award for future loss of earning capacity, finding no reversible error in the trial judge’s baseline earnings or contingency deductions.

• Future loss of earning capacity
• Contingency deductions
• Standard of review
• Leave to resile
• Assessment of damages
• Future-loss-of-earning-capacity

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Morgan v. Morin

Court

Supreme Court of British Columbia

The court awarded damages for injuries from two rear-end collisions, finding new soft tissue injuries, headaches, and psychiatric effects, while accounting for pre-existing conditions.

• Non-pecuniary damages
• Past loss of earning capacity
• Future loss of earning capacity
• Mitigation
• Thin skull/crumbling skull
• Housekeeping loss

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Peckham v. Singh

Court

Supreme Court of British Columbia

The court dismissed a mistrial motion, holding there was no inconsistency in a jury awarding $0 for past income loss while awarding future earning capacity and care damages.

• Mistrial
• Jury verdict review
• Quantum of damages
• Causation
• Past loss of income
• Future loss of earning capacity

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Sellmer v. Watson

Court

Supreme Court of British Columbia

Trial judgment on damages from two motor vehicle accidents, with reductions for failure to mitigate due to prolonged alcohol abuse and refusal of treatment.

• Non-pecuniary damages
• Past loss of earning capacity
• Future loss of earning capacity
• Cost of future care
• Mitigation
• Causation

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Arnbrecht v. Isaac

Court

Supreme Court of British Columbia

Plaintiff awarded $290,512 for MVA injuries, including non-pecuniary damages, past and future earning capacity, and limited future care; housekeeping claim dismissed.

• Non-pecuniary damages
• Past loss of earning capacity
• Future loss of earning capacity
• Cost of future care
• Loss of housekeeping capacity
• Expert evidence

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Campbell v. Leslie

Court

Supreme Court of British Columbia

The Court found the collision caused multiple soft tissue, headache, Achilles tendon, and psychiatric injuries, then applied a 30% reduction for pre-existing and intervening factors.

• Causation
• Non-pecuniary damages
• Past income loss
• Future loss of earning capacity
• Future care costs
• Housekeeping capacity

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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

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