Canada Case Law

Hyde v. Witzke

Court

Supreme Court of British Columbia

On the balance of probabilities the plaintiff's persistent and sometimes severe headaches are attributable to the 2017 motor vehicle accident; the defence MOH hypothesis was not proven given weak clinical support for MOH caused by simple analgesics alone and the plaintiff's symptoms did not improve when he ceased analgesics; credibility concerns required caution in assessing evidence and reduced some quantum, but overall the plaintiff established liability and entitlement to damages totalling $540,156.59.

Source excerpt

• Causation
• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Special damages
• Medication overuse headache

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Rounis v. Singh

Court

Supreme Court of British Columbia

On the balance of probabilities the accident caused the plaintiff's chronic musculoskeletal and psychological impairments; quantification used replacement labour cost method for past loss during the restaurant period (reduced 50% for contingencies), earnings-based approach for post-sale past loss (25% adjustment), and an earnings-approach valuation for future loss with adjustments for contingencies and assumed limited part-time residual earnings to age 65; housekeeping loss was not awarded separately and future care was assessed on a medically supported, adjusted plan; total damages awarded $…

Source excerpt

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

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Ayrheart v. Alexander

Court

Supreme Court of British Columbia

Trial judgment awarding damages after a motor vehicle collision caused a wrist fracture, chronic pain, and aggravated PTSD. Liability was admitted.

• Causation
• Failure to mitigate
• Non-pecuniary damages
• Past wage loss
• Loss of future earning capacity
• Cost of future care

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Simms v. Alzawad

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal over WorkSafeBC payments, holding only statutory “health care” amounts must be included in damages, while vocational rehabilitation remained subject to common-law proof.

• Worksafebc payments
• Definition of health care under wca
• Vocational rehabilitation
• Special damages
• Assessment of necessity and reasonableness
• Workers-compensation

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Funk v. White

Court

Supreme Court of British Columbia

The court awarded damages for catastrophic TBI from a 2011 truck collision, finding lifelong care needs, a 38-year life expectancy, and significant income and care losses.

• Traumatic brain injury
• Damages assessment
• Life expectancy
• Future care costs
• In‑trust award
• Non‑pecuniary damages

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Sandhu v. Frendo

Court

Supreme Court of British Columbia

The court awarded Mr. Sandhu damages for chronic soft tissue injuries and depression, but found the accident did not cause his cognitive impairment.

• Causation of cognitive impairment
• Non-pecuniary damages
• Loss of past and future earning capacity
• Cost of future care
• Special damages
• Personal-injury-damages

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Meyers v. Hall

Court

Supreme Court of British Columbia

Trial judgment assessing damages after an admitted-liability motor vehicle collision caused chronic pain, career change, and disputed earning-capacity losses.

• Non-pecuniary damages
• Loss of earning capacity
• Future care
• Special damages
• Assessment of damages
• Evidence and valuation of business losses

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Srenkel v. Kong

Court

Supreme Court of British Columbia

Motor vehicle accident damages case in which the plaintiff was awarded $2,828,402.58, including future income loss, housekeeping loss, future care, and in-trust awards.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Housekeeping capacity
• Causation
• Credibility

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Poonia v. Yazzie

Court

Supreme Court of British Columbia

The court found the plaintiff suffered accident-related injuries, including an MTBI, and awarded damages for pain, earning-capacity loss, special damages, and future care.

• Mild traumatic brain injury
• Causation
• Crumbling skull doctrine
• Non-pecuniary damages
• Loss of earning capacity
• Future care

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Sangha v. Advanced Laser Hair Removal Inc.

Court

Supreme Court of British Columbia

The court found the left-turning defendant 100% liable for the collision and awarded the plaintiff $173,725.82 in damages, with reduced weight given to some injury evidence.

• Liability apportionment
• Motor vehicle act s.174 (left turn)
• Credibility and reliability of witnesses
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care

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