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The British Columbia Court of Appeal dismissed appeals and a cross-appeal in a personal injury damages case, upholding awards for past and future loss of earning capacity.
The court dismissed a discovery application seeking answers about prior symptoms and motor vehicle accidents years before the accident, finding the requests too remote and disproportionate.
In this motor vehicle accident trial, liability was admitted and the court assessed damages for ongoing soft tissue injuries, income loss, future earning capacity, and future care.
The court assessed damages after motor vehicle accidents, including reductions for failure to mitigate and a pre-existing shoulder vulnerability, and awarded $419,560.53.
The court held the accident caused most of the plaintiff’s injuries, but not her low back condition, and awarded damages after reductions for a pre-existing condition and failure to mitigate.
The Court of Appeal dismissed an appeal from a personal injury damages award, finding the trial judge’s credibility findings, causation analysis, and treatment of mitigation were supported by the evidence.
The court found the plaintiff had significant pre-existing pain and disability, but the accident caused a minor aggravation. Damages totaled $42,196.85.
The court held the 2015 collision caused ongoing mild-to-moderate low back pain and awarded damages for pain, past wage loss, future earning capacity, and special damages.
Three rear-end collisions led to chronic pain, headaches and thoracic outlet syndrome. The court awarded damages for non-pecuniary loss, earnings loss, and future care.
Motor vehicle injury trial finding liability for two accidents, with damages reduced for failure to mitigate. The plaintiff recovered for pain, wage loss, future earning loss, future care and special damages.
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