Canada Case Law

Rainbow International Restoration of Halifax v. Chen

Court

Nova Scotia Small Claims Court

The Claimant is entitled to restitution because the Defendant received the benefit of emergency remediation, the Claimant suffered a corresponding deprivation by performing and invoicing for the work, and there was no contract or other juristic reason absolving the Defendant of payment; the Claimant's industry-standard charges are reasonable and the Defendant must pay $5,793.78 plus costs.

Source excerpt

• Remediation services
• Apparent authority
• Emergency work pricing
• Quantification of damages
• Mitigation of loss

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Clapson v. Knight

Court

Supreme Court of British Columbia

Motor vehicle accident judgment awarding the plaintiff $1,606,463.94 in damages, including non-pecuniary loss, past and future earning capacity, future care, and special damages.

• Non-pecuniary damages
• Loss of earning capacity
• Future care costs
• Mitigation
• Credibility and reliability
• Weight of expert evidence

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Dong v. Li

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a motor vehicle injury appeal and cross-appeal, upholding a $120,000 award for loss of future earning capacity based on chronic pain and likely early retirement.

• Future earning capacity
• Loss of income
• Quantification of damages
• Expert evidence
• Judicial notice
• Pallos approach

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Group Iii International Ltd v. Travelway Group International Ltd

Court

Federal Court

Interim reference report in a trademark passing-off profits accounting. The referee upheld estoppel, found causation/apportionment open, and set 15% as the causally attributable share.

• Passing off
• Accounting of profits
• Causation and apportionment
• Issue estoppel / res judicata
• Business records hearsay exception
• Expert admissibility

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Tigas v. Close

Court

British Columbia Court of Appeal

Appeal and cross-appeal dismissed in a B.C. Court of Appeal damages case arising from a motor vehicle accident and loss of earning capacity.

• Loss of earning capacity
• Past and future income loss
• Rab v. prescott framework
• Quantification of damages
• Standard of review on appeal
• Loss-of-earning-capacity

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Healey v. Mault

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from an $80,000 award for future loss of earning capacity after finding no reversible error in the trial judge’s assessment.

• Loss of future earning capacity
• Capital asset approach
• Earnings approach
• Quantification of damages
• Standard of appellate review
• Future-loss-of-earning-capacity

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Johnson v. Olson

Court

Nova Scotia Small Claims Court

The defendant breached the implied statutory and contractual obligation to perform services in a skilful, efficient and competent manner by delivering a roof that allowed water ingress; the claimant is therefore entitled to judgment for the contract sum paid, but the claimant failed to prove additional outlays beyond the paid amount so those claims were not awarded.

Source excerpt

• Breach of contract
• Implied condition of services
• Remediation/repair
• Quantification of damages
• Costs

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Kim v. Murdoch

Court

Supreme Court of British Columbia

The court admitted cultural evidence on Korean hyodo and found a real possibility that the deceased would have supported his parents, awarding pecuniary damages under the Family Compensation Act.

• Filial piety (hyodo)
• Loss of future pecuniary support
• Expert evidence admissibility
• Hearsay principled approach
• Quantification of damages
• Wrongful-death

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Davies v. Penner

Court

British Columbia Court of Appeal

The Court of Appeal restored part of a future income award in a motor vehicle injury case, reducing damages from $82,000 to $55,000 after finding a factual error in valuation.

• Loss of future earning capacity
• Chronic pain
• Capital asset approach
• Quantification of damages
• Standard of review
• Loss-of-future-earning-capacity

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Russell v. Christopherson

Court

Supreme Court of British Columbia

Defendant breached the standard of care by initiating a lane change unsafe and before signalling; that breach caused the plaintiff to slam brakes and lose control; plaintiff also breached the standard by attempting an unsafe high-speed overtaking manoeuvre and by excessive speed, and plaintiff's breach was a proximate cause; liability apportioned equally (50/50) and damages for non-pecuniary loss, past and future loss of earning capacity, future care and special damages awarded and reduced by 50%.

Source excerpt

• Liability
• Breach of statutory and common law duties
• Causation
• Quantification of damages
• Future care costs
• Apportionment of fault

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