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Tort 2025 BCSC 2001

Funk v. White

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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Tort 2024 BCSC 373

Main v. Gernon

The court found a mild TBI and persistent post-concussion symptoms from a rear-end collision, with later crashes causing no lasting aggravation, and awarded $2,136,769 in damages.

  • Traumatic brain injury
  • Whiplash/myofascial injury
  • Non-pecuniary damages
  • Loss of earning capacity
  • Future care costs
  • Special damages
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Evidence 2022 BCSC 2055

Gutfriend v. Case

The court held SPECT scan interpretation was not legally reliable for diagnosing TBI in an individual case and excluded Dr. Cohen’s report and related references.

  • Expert evidence admissibility
  • Novel scientific evidence
  • Spect imaging
  • Traumatic brain injury
  • Reliability and relevance
  • Expert-evidence-admissibility
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Tort 2021 BCSC 1798

Laybolt v. Baylis

The court found the plaintiff suffered a mild traumatic brain injury and whiplash in a 2016 pedestrian accident, awarding $369,671 in damages.

  • Traumatic brain injury
  • Whiplash-associated disorder
  • Causation
  • Damages assessment
  • Special damages
  • Past and future loss of earnings
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Tort 2020 BCSC 678

Windsor v. Cawley

The court found the plaintiff’s cognitive decline was caused by cumulative mild traumatic brain injuries from three rear-end collisions and awarded $1,131,687.

  • Causation
  • Joint and several liability
  • Non-pecuniary damages
  • Cost of future care
  • Loss of earnings
  • Apportionment
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Tort 2020 BCSC 624

Ngo v. Fong

Liability was admitted; the court assessed damages for a plaintiff with a moderate traumatic brain injury, awarding non-pecuniary damages, future income loss, future care and special damages.

  • Traumatic brain injury
  • Loss of earning capacity
  • Cost of future care
  • Non-pecuniary damages
  • Credibility and evidence
  • Traumatic-brain-injury
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Tort 2020 BCSC 523

Smith v. Hsu

Rear-end collision trial: the court found negligence, rejected traumatic brain injury, accepted chronic pain and depression, and awarded $250,521.36 in damages.

  • Whiplash
  • Traumatic brain injury
  • Concussion
  • Chronic pain
  • Depression
  • Loss of earning capacity
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Tort 2019 BCSC 1896

Hawkins v. Kumar

The court found the plaintiff suffered a mild traumatic brain injury, soft tissue injuries, and anxiety after two motor vehicle accidents, and awarded $428,272 plus interest.

  • Traumatic brain injury
  • Non-pecuniary damages
  • Loss of earning capacity
  • Future care costs
  • Special damages
  • Expert evidence
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Civil procedure 2019 BCSC 1139

Shannon v. Cook

The court granted the defendant's request for a neurological independent medical examination in a motor vehicle injury case, finding a real basis for it under Rule 7-6.

  • Independent medical examination
  • Rule 7-6
  • Rule 11-8
  • Expert reports
  • Causation
  • Damages
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Civil procedure 2019 BCSC 1098

Dhaliwal v. Shao

The court extended time to bring the application and struck the jury notice, finding the MRI causation dispute and expert neuroradiology evidence too complex for a jury.

  • Jury notice
  • Mode of trial
  • Expert evidence
  • Traumatic brain injury
  • Extension of time
  • Causation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.