Canada Case Law

Brooks v. Griggs

Court

Supreme Court of Nova Scotia

Judge found a material change based on respondent's increased post-separation income and termination of child support; fixed incomes at $171,318 (respondent) and $14,008 (applicant); concluded applicant retained compensatory and non-compensatory entitlement; ordered prospective spousal support of $3,400/month commencing July 1, 2025 with no termination date and awarded retroactive spousal support of $44,100 (Oct 1, 2023–June 2025) payable as a lump sum of $21,435 by Sept 5, 2025 and $12,600 by monthly top-ups of $500 starting July 15, 2025.

Source excerpt

• Variation
• Retroactive support
• Entitlement
• Income imputation/determination
• Disclosure
• Enforcement

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Roth v. Cape Scott Cedar Products Ltd.

Court

Supreme Court of British Columbia

Rear-end collision claim: the court found chronic whiplash-related pain and minor cognitive impairment, but not a proven concussion, and awarded $220,000 in damages.

• Non-pecuniary damages
• Loss of earning capacity
• Whiplash associated disorder
• Concussion diagnosis and causation
• Mitigation
• Quantum

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Charters v. Jordan

Court

Supreme Court of British Columbia

In a bicycle-dooring negligence case, the court awarded Ms. Charters damages for a wrist fracture and related losses, but denied future loss of earning capacity.

• Non-pecuniary damages
• Loss of income-earning capacity
• Cost of future care
• Special damages
• Causation
• Quantum

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Liu v. Qiu

Court

Court of Appeal for Ontario

The Court of Appeal held the $40,000 previously paid is to be deducted from the agreed damages of $29,503.32, resulting in no amount payable by the appellant and requiring the respondent to refund $10,496.68; because the respondent must return funds, the appellant is the successful party and the respondent is not entitled to costs of the trial.

Source excerpt

• Damages
• Costs
• Set-off
• Refund
• Quantum

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Sidhu v. Baturin

Court

Supreme Court of British Columbia

Personal injury trial after a motor vehicle collision. The court found the defendant liable and awarded damages for pain and suffering, past and future earning loss, special damages, and future care.

• Liability
• Non-pecuniary damages
• Past loss of earning capacity
• Future loss of earning capacity
• Special damages
• Cost of future care

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SBA Canada ULC v. Teliphone Navigata-Westel Communication Inc.

Court

Supreme Court of British Columbia

Summary trial on antenna tower agreements: Cascade remained liable after assignment, defences failed, and quantum was referred to the Registrar.

• Assignment clause interpretation
• Novation
• Estoppel
• Waiver
• Duty to mitigate
• Summary trial procedure

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Van Sprang v. Tweed

Court

Supreme Court of British Columbia

BC Supreme Court found the defendant 100% liable for a highway collision and awarded the plaintiff $269,362.50 for pain, earning capacity loss, and future care.

• Liability
• Quantum
• Damages
• Mitigation
• Future care
• Non-pecuniary damages

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Baird v. Lam

Court

Supreme Court of British Columbia

In this motor vehicle injury trial, the court found the plaintiff’s injuries were caused and aggravated by two minor collisions and awarded $145,000 in damages.

• Non-pecuniary damages
• Diminished earning capacity
• Causation
• Quantum
• Medical causation (thoracic outlet syndrome)
• Non-pecuniary-damages

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Godbout v. Notter

Court

Supreme Court of British Columbia

Post-trial costs reasons in which the successful plaintiff obtained double costs from the date of a formal settlement offer and an enhanced award for two counsel.

• Offer to settle
• Double costs
• Costs for two counsel
• Contributory negligence
• Quantum
• Ptsd damages

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Broomfield v. Lof

Court

Supreme Court of British Columbia

Trial judgment assessing damages for a rear-end collision. The court awarded non-pecuniary damages, wage loss, housekeeping loss and future care costs for chronic pain and depression.

• Non-pecuniary damages
• Loss of future earning capacity
• Loss of housekeeping capacity
• Future care costs
• Quantum
• Medical prognosis

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