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Tort 2026 BCSC 735

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…

Source excerpt

  • Liability
  • Causation
  • Non-pecuniary damages
  • Loss of earning capacity
  • Cost of future care
  • Credibility and expert evidence
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Torts 2026 BCSC 730

Zakrzewska v. Klein

Court
Supreme Court of British Columbia

The court accepted liability and, on the balance of probabilities, found the Accident caused chronic myofascial pain, persistent post‑traumatic headaches, concussion syndrome with symptoms of mild traumatic brain injury, moderate PTSD and major depressive disorder, and aggravated pre‑existing episodic migraines; the plaintiff's credibility was generally accepted and supported by lay and expert evidence; the defendant proved some mitigation failure but not to the extent argued, resulting in a 20% discount for mitigation; damages were assessed on accepted principles (including use of minimum wa…

Source excerpt

  • Non-pecuniary damages
  • Loss of earning capacity
  • Cost of future care
  • Credibility and reliability
  • Concussion/mild traumatic brain injury
  • Psychiatric injury (ptsd, major depressive disorder)
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Tort 2026 BCSC 689

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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Tort 2026 BCCA 152

Murphy v. Morgan

Court
British Columbia Court of Appeal

The trial judge erred by applying specific negative contingency deductions to non-pecuniary, past and future earning capacity awards without firm evidentiary grounding or proper legal analysis; the Court of Appeal allowed the appeal, set aside those contingency deductions and substituted higher awards: non-pecuniary $175,000; past loss of earning capacity $325,000; future loss of earning capacity $400,000.

Source excerpt

  • Causation
  • Contingency deductions
  • Non-pecuniary damages
  • Loss of earning capacity
  • Standard of review
  • Intervening events
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Tort 2026 BCSC 604

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…

Source excerpt

  • Non-pecuniary damages
  • Future loss of earning capacity
  • Cost of future care
  • Housekeeping capacity
  • Credibility assessment
  • Mild traumatic brain injury
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Tort 2026 BCSC 375

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…

Source excerpt

  • Causation
  • Damages quantum
  • Non-pecuniary damages
  • Past loss of income
  • Future loss of earning capacity
  • Cost of future care
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Tort 2026 BCSC 365

Salamanca v. Khela

Court
Supreme Court of British Columbia

Defendants liable for injuries sustained in the rear-end collision; the Accident caused chronic grade II soft tissue injuries to the neck, upper torso and right shoulder, chronic migrainous headaches, sleep disruption and major depressive disorder (moderate). Pre-existing lower back pathology and the 2023 disc herniation/surgery were found not to be caused by the Accident. Pleadings were sufficiently broad to permit psychiatric claim. Non-pecuniary damages awarded $190,000; no past income loss awarded; loss of future earning capacity awarded $240,000 (three years at $80,000/year under the cap…

Source excerpt

  • Causation
  • Non-pecuniary damages
  • Loss of earning capacity
  • Cost of future care
  • Psychiatric injury
  • Pleadings sufficiency
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Torts 2026 BCSC 247

Kanackathundiyil v. McAllister

Court
Supreme Court of British Columbia

The court found the plaintiff credible and established on a balance of probabilities that the 2018 motor vehicle collision caused the plaintiff's neck pain with restricted motion, right arm pain and radiculopathy (leading to C6/7 surgery), new throbbing lower back pain, post-traumatic headaches and consequent mood disturbance; pre-accident episodic lower back spasm was not causative of the new disabling symptoms; plaintiff was disabled from work despite earnest RTW attempts and is entitled to past and future income loss, pension loss, non-pecuniary damages, housekeeping replacement and specif…

Source excerpt

  • Causation
  • Damages
  • Non-pecuniary damages
  • Future care
  • Loss of earnings
  • Credibility assessment
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Tort 2026 BCSC 251

Rigio v. Scott

Court
Supreme Court of British Columbia

The court found some defendants liable and the plaintiff contributorily negligent; the litigated accidents materially aggravated the plaintiff's pre-existing mental health and soft tissue injuries through 2015 and possibly into 2016 but did not cause the major psychiatric breakdown in 2020, which was the result of intervening non-tortious events and drug use. Physical and psychiatric injuries from the litigated accidents are treated as indivisible. Apportionment of blameworthiness across parties and plaintiff results in 22.5% attribution to the plaintiff; specific apportionments were made per…

Source excerpt

  • Causation
  • Apportionment
  • Contributory negligence
  • Non-pecuniary damages
  • Loss of earning capacity
  • Medical evidence and credibility
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Tort 2026 BCSC 214

Hyde v. Witzke

Court
Supreme Court of British Columbia

On the balance of probabilities the plaintiff's persistent and sometimes severe headaches are attributable to the 2017 motor vehicle accident; the defence MOH hypothesis was not proven given weak clinical support for MOH caused by simple analgesics alone and the plaintiff's symptoms did not improve when he ceased analgesics; credibility concerns required caution in assessing evidence and reduced some quantum, but overall the plaintiff established liability and entitlement to damages totalling $540,156.59.

Source excerpt

  • Causation
  • Non-pecuniary damages
  • Loss of earning capacity
  • Future care
  • Special damages
  • Medication overuse headache
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.