Canada Case Law

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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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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Suico v. Liu

Court

Supreme Court of British Columbia

The court found the collision caused soft tissue injuries, minor headaches, sleep disturbance, weight gain, and adjustment disorder, but not thoracic outlet syndrome.

• Causation
• Damages
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Psychiatric injury

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Ranseth v. Doe

Court

Supreme Court of British Columbia

Trial judgment awarding damages for a hit-and-run MVA. The Court found the accident caused ongoing back and hip pain, aggravated headaches, and vocational disability.

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Housekeeping capacity
• Psychiatric injury

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Voong v. Valenzuela

Court

Supreme Court of British Columbia

Motor vehicle personal injury trial awarding damages for chronic pain, headaches, depression, lost earning capacity, household loss, and future care.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Household services
• Psychiatric injury
• Causation

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Michael v. Bergeron

Court

Supreme Court of British Columbia

The court awarded damages after a motorcycle collision caused permanent physical injuries and severe psychiatric harm, rejecting a residual work-capacity discount.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• In‑trust claims
• Housekeeping capacity
• Special damages

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Verma v. Friesen

Court

Supreme Court of British Columbia

The court held the defendant’s negligence caused the plaintiff’s physical and long-term psychiatric injuries and awarded damages for pain, lost earning capacity, caregiving and special damages.

• Causation
• Damages
• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• In-trust claim

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Bennett v. Lopez

Court

Supreme Court of British Columbia

The court found the motor vehicle accident caused several physical injuries and some psychiatric harm, but not the claimed neurocognitive disorder, and awarded damages accordingly.

• Causation
• Non-pecuniary damages
• Past income loss
• Future income loss
• Costs of future care
• Housekeeping capacity

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Deal v. Government of Nova Scotia

Court

Supreme Court of Nova Scotia

The undisputed evidence showed NECH only assisted with filings and did not have statutory authority to terminate income assistance, the decision to terminate was made by DCS under the ESIA, and there was no evidentiary basis that NECH caused a compensable psychiatric injury; therefore there was no genuine issue of material fact and no real chance of success for the plaintiff against NECH, so summary judgment dismissing the action against NECH was appropriate.

Source excerpt

• Summary judgment
• Psychiatric injury
• Negligence and intentional infliction of mental suffering
• Income assistance eligibility
• Service against the crown

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Dutton-Jones v. Dha

Court

Supreme Court of British Columbia

The court awarded damages for chronic soft-tissue injury and aggravated anxiety, but denied future loss of earning capacity and reduced non-pecuniary damages for failure to mitigate.

• Non-pecuniary damages
• Future loss of earning capacity
• Failure to mitigate
• Psychiatric injury
• Expert evidence
• Non-pecuniary-damages

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