Canada Case Law

Maan v. Todd

Court

Supreme Court of British Columbia

Defendant liable for rear-end collision; on balance the court preferred the plaintiff's neurosurgical and psychiatric experts (Drs. Heran and Waisman) over the defendant's experts and found the MVA caused chronic left-sided neck/shoulder pain (including probable TOS and ulnar neuropathy/double crush), cervicogenic headaches and materially exacerbated pre-existing PTSD and major depressive disorder leading to somatic symptom disorder; plaintiff entitled to damages assessed by a capital approach for loss of earning capacity with contingencies and specific awards for non-pecuniary loss, housekee…

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• Liability
• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Credibility and expert evidence

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Cox v. Peabody

Court

Supreme Court of British Columbia

The court found the defendant solely liable for a left-turn collision and awarded the plaintiff $1,087,110.53 for injuries, income loss, future care and special damages.

• Liability
• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Credibility assessment

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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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Sandhu v. Chhabra

Court

Supreme Court of British Columbia

Rear-end collision case finding the defendants liable and awarding damages for physical injuries, chronic pain, psychiatric injury, and future care, while rejecting some claimed losses.

• Liability
• Causation
• Non-pecuniary damages
• Future care
• Mitigation
• Loss of earning capacity

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Geater v. Petersen

Court

Supreme Court of British Columbia

A liability trial over a two-vehicle collision in Peachland turned on credibility, reliability, and skid-mark evidence. The court found Petersen ran the red light and caused the crash.

• Liability
• Credibility assessment
• Traffic signals and right of way
• Expert evidence reliability
• Credibility-assessment
• Motor-vehicle-collision

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Bryan v. Mansouripour

Court

Supreme Court of British Columbia

The court found the plaintiff wholly responsible for a Vancouver left-turn collision, holding she failed to yield to oncoming traffic that posed an immediate hazard.

• Liability
• Causation
• Credibility assessment
• Damages assessment
• Traffic signal operation
• Contributory negligence

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K.K.M. v. Greif

Court

Supreme Court of British Columbia

The court found the defendant liable for sexual battery and awarded the plaintiff $266,750 plus $1,609.52 under the Health Care Costs Recovery Act.

• Sexual battery
• Liability
• Causation
• Non-pecuniary damages
• Past pecuniary loss
• Future pecuniary loss

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MacLellan v. Somers

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal reactivated an inactive appeal and granted an extension of time, finding counsel-caused delay should not be visited on diligent appellants.

• Inactive appeal list
• Extension of time
• Reactivation
• Contributory negligence
• Liability
• Counsel negligence

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Rebman v. Cheong

Court

Supreme Court of British Columbia

British Columbia Supreme Court motor vehicle injury trial awarding Rebman $704,981 after finding Cheong fully liable and accepting chronic neuropathic pain from the collision.

• Liability
• Causation
• Contributory negligence
• Non-pecuniary damages
• Past and future loss of earning capacity
• Cost of future care

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Bown v. Skogheim

Court

Supreme Court of British Columbia

The court held the defendant fully liable for a motor vehicle collision and awarded damages for soft tissue injuries, chronic pain and income loss, but not for later psoriatic arthritis.

• Liability
• Causation
• Damages quantification
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs

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