Canada Case Law

Anderson v. Gagne

Court

Supreme Court of Nova Scotia

The court accepted the neurologist's expert opinion, supported by contemporaneous medical records and lay evidence, that the plaintiff sustained a mild traumatic brain injury/post-concussion syndrome caused by the March 29, 2014 accident (exacerbated by the October 14, 2014 accident) and awarded non-pecuniary damages for that injury; the court rejected the diagnosis of chronic pain syndrome because key components (left shoulder and left-sided neck pain) were not shown to be causally linked to the first accident on the balance of probabilities; the right knee injury qualified under the Minor I…

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• Mild traumatic brain injury
• Post-concussion syndrome
• Chronic pain
• Minor injury cap
• General damages
• Loss of earning capacity

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JC v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The Appellant's combined functional limitations from post-concussion syndrome and related conditions rendered her incapable regularly of pursuing any substantially gainful occupation by December 2017 and those limitations are prolonged; her limited, accommodated part-time work after 2018 was not substantially gainful, her work attempts and retraining were unsuccessful due to medical symptoms, and therefore she is eligible for CPP disability benefits with payments commencing June 2020 under the 15-month and 4-month CPP timing rules.

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• Canada pension plan
• Disability - severe
• Disability - prolonged
• Work capacity
• Post-concussion syndrome
• Efforts to work

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SG v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The medical and functional evidence showed significant improvement by December 31, 2021, and the Appellant’s demonstrated ability to perform volunteer broadcasting and online courses with pacing indicated she was regularly capable of at least part‑time suitable work; therefore she did not meet the CPP definition of a 'severe' disability and the appeal must be dismissed.

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• Canada pension plan
• Disability pension
• Severe and prolonged
• Post-concussion syndrome
• Vocational capacity
• Efforts to work

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AT v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

On de novo review the Tribunal considered the whole person and the totality of medical and functional evidence (neuropsychological, neuropsychiatric, occupational therapy reports and credible testimony) and concluded the Appellant's cognitive and psychological impairments had effectively plateaued and rendered him incapable of regular employment by the end of his coverage period; consequently his disability is severe and prolonged and the appeal is allowed with deemed and effective dates set.

Source excerpt

• Cpp disability
• Severe and prolonged disability
• Post-concussion syndrome
• Ptsd
• Functional capacity
• Effective date

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Ballantyne v. Kruger

Court

Supreme Court of British Columbia

Damages trial from an admitted-liability collision. The court awarded compensation for mild TBI/concussion, chronic pain, PTSD, housekeeping loss, earning loss, and future care.

• Mild traumatic brain injury
• Post-concussion syndrome
• Functional neurologic disorder
• Loss of earning capacity
• Future care costs
• Non-pecuniary damages

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IC v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

On the balance of probabilities the appellant failed to prove her disability was severe by the MQP date because the preponderant medical evidence and her work history showed chronic pain was long-standing and manageable, recent treating opinions asserting total incapacity were inconsistent and of limited weight, and she did not attempt to obtain alternate substantially gainful employment; therefore entitlement to a CPP disability pension was not established.

Source excerpt

• Disability
• Severe disability
• Prolonged disability
• Substantially gainful occupation
• Work capacity
• Functional limitations

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Antignani v. Heaney

Court

Supreme Court of British Columbia

The court found the plaintiff suffered a concussion and chronic pain in a Vancouver motor vehicle collision and awarded damages for pain, income loss, future care, and housekeeping.

• Mild traumatic brain injury (concussion)
• Post-concussion syndrome
• Chronic pain
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care

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Barkhuizen v. Leguerrier

Court

Supreme Court of British Columbia

The court found the defendant negligent in a motor vehicle collision and held the plaintiff suffered an MTBI that caused cognitive deficits, loss of earning capacity, and damages.

• Mild traumatic brain injury
• Post-concussion syndrome
• Causation (but-for)
• Liability for failure to yield/right of way
• Loss of earning capacity
• Non-pecuniary damages

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BZ v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The application to rescind/amend the General Division decision was allowed because the claimant established that an undiagnosed brain injury and PCS, first diagnosed in October 2019, were facts that existed at the time of the original hearing but were not discoverable by reasonable diligence and were material such that they could reasonably be expected to have affected the March 2019 decision; assessing the combined physical, mental and neurocognitive impairments, the claimant was found to have been severely and prolongedly disabled by the relevant MQP and is entitled to CPP disability pensio…

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• New facts
• Discoverability
• Materiality
• Canada pension plan disability
• Post-concussion syndrome
• Rescission of decision

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Dinnissen v. Lee

Court

Supreme Court of British Columbia

The court excluded Dr. Brooks’s expert report and testimony, finding the evidence failed the Mohan tests of relevance and necessity and would not assist the trier of fact.

• Expert evidence admissibility
• Mohan criteria
• Relevance and necessity
• Post-concussion syndrome
• Occupational impairment
• Expert-evidence-admissibility

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