Canada Case Law

Salerno v. Sahota

Court

British Columbia Court of Appeal

The appeal was allowed in part: the trial judge erred by not giving a specific limiting instruction that the hearsay medical note referring to fibromyalgia could not be used for the truth of its contents, but that error did not occasion a substantial wrong or miscarriage of justice on the record. The trial judge also erred in law by instructing the jury that the capital asset approach 'usually' involves awarding one or more years of pre-accident income; that misdirection was prejudicial to the appellant's case on loss of future earning capacity. The jury award of $50,000 for future loss of ea…

Source excerpt

• Hearsay and limiting instructions
• Capital asset approach to economic loss
• Loss of future earning capacity
• Jury instructions
• Remittal for judge-alone reassessment

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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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Laurin v. Tiemer

Court

British Columbia Court of Appeal

Cross-appeal allowed on future earning capacity damages. The Court held the trial judge misapprehended and improperly disregarded provincial economic evidence, increasing the award to $1,000,000.

• Loss of future earning capacity
• Expert economic evidence
• Statistical evidence in valuation
• Standard of review on damages
• Valuation methodology (earnings vs capital asset)
• Loss-of-future-earning-capacity

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Aquino v. Insurance Corporation of British Columbia

Court

British Columbia Court of Appeal

Appeal dismissed from a jury verdict in a motor-vehicle injury case. The court upheld the unanimity instruction and found any error in the earning-capacity charge harmless.

• Loss of future earning capacity
• Jury unanimity instruction
• S.22 jury act majority verdict
• Jury misdirection
• Harmless error
• Loss-of-future-earning-capacity

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Frazer v. Allan

Court

Supreme Court of British Columbia

The court assessed damages for the plaintiff’s injuries from admitted motor vehicle collisions, including MTBI-related symptoms, future earning loss, care costs, and housekeeping loss.

• Non-pecuniary damages
• Loss of future earning capacity
• Cost of future care
• Loss of housekeeping capacity
• Causation
• Mild traumatic brain injury/concussion

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Pickwell v. Rajwan

Court

British Columbia Court of Appeal

The Court of Appeal refused leave for the appellant to resile from his trial position on future earning capacity damages, holding strategic trial choices bound him.

• Loss of future earning capacity
• Leave to resile
• Rab v. prescott framework
• Finality principle
• Abuse of process
• Contingency deductions

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Mundy v. Chernichen

Court

British Columbia Court of Appeal

Appeal dismissed. The Court upheld a $450,000 award for loss of future earning capacity, finding the trial judge had implicitly weighed relevant contingencies.

• Loss of future earning capacity
• Contingencies
• Assessment of damages
• Standard of review
• Loss-of-future-earning-capacity
• Assessment-of-damages

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Lee v. Bolduc

Court

British Columbia Court of Appeal

Supplementary reasons on costs in Lee v. Bolduc. The Court held success on appeal was divided and ordered each party to bear their own costs.

• Loss of future earning capacity
• Costs allocation
• Appeal standards
• Evidentiary sufficiency
• Appeal-costs
• Costs-allocation

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Zenone v. Knight

Court

British Columbia Court of Appeal

Appeal in a motor vehicle injury case: causation and future earning capacity findings were upheld, but the global future care award was remitted for itemization.

• Causation
• Crumbling skull doctrine
• Loss of future earning capacity
• Cost of future care
• Onus of proof
• Expert evidence

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Oliver v. Loewen

Court

Supreme Court of British Columbia

Pedestrian injury trial assessing damages only: the court awarded Ms. Oliver $602,685 for non-pecuniary loss, future earning capacity, and future care.

• Non-pecuniary damages
• Loss of future earning capacity
• Future care costs
• Causation
• Credibility and witness assessment
• Non-pecuniary-damages

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