In 7-Eleven Canada Inc. v. Tommy,2025 BCCA 220 the BC Court of Appeal again revisited the doctrine of divisibility of injuries in tort law. The case concerned significant ankle fractures on 7-Eleven’s property in 2018. While liability was admitted on appeal, the focus was on whether the trial judge had erred by treating the claimant’s…
This Court of Appeal personal injury case arises from two motor vehicle accidents March 8, 2018 and February 20, 2020. Additionally, the claimant was involved in a workplace slip-and-fall accident in November 2018. The trial judge, Justice Elwood, heard both motor vehicle actions together and found that the injuries, primarily to his neck, back, and…
Distinction Between Capital Asset and Earnings Approach In Lewis v. Gibeau, 2025 BCCA 127, the Court of Appeal addressed the trial judge’s error in applying the capital asset approach rather than the earnings approach to assess Ms. Lewis’s loss of earning capacity. The earnings approach is typically used when a plaintiff has a clear, established…
In this motor vehicle accident case, Gandha v. Beauchesne, 2025 BCCA 122, the claimant appealed a jury verdict that found the defendant not liable despite assessing $752,000 in losses. The collision occurred when the defendant rear-ended the claimant’s vehicle after she merged onto the highway from her driveway at a speed below the limit. The…
In this review of Padgham v. Ram, 2025 BCCA 100 I focus on the key legal issues applied by the Court of Appeal in this personal injury claim. Failure to Take Recommended Medication The claimant appealed a personal injury damages award arising from a 2016 motor vehicle accident caused by a TransLink bus. While the…
In MacFarlane v. Gustafson, 2024 BCCA 400, the injury claimant sought personal injury damages arising from a serious car accident injury. The claimant made a reasonable offer before trial which was rejected. One key matter concerned the trial judge’s decision to award double costs to the claimant under Rule 9-1(1)(c) of the Supreme Court Civil…
In the personal injury case of Sharma v. Sagoo (2024 BCCA 319), the claimant appealed the trial judge’s award for various heads of damages, including the cost of future care. The trial judge had awarded $6,600 for future care, a figure that included reduced amounts for treatments such as physiotherapy, massage therapy, custom orthotics, and…
In the personal injury appeal of Takhar v. Insurance Corporation of British Columbia, 2024 BCCA 275, the appellant sought an award for injuries sustained in a motor vehicle accident. The appellant was sideswiped by an unidentified vehicle while driving. Since the other driver could not be identified, he named the Insurance Corporation of British Columbia…
ICBC claimed bias of the trial judge in the following ICBC injury case. The Court of Appeal disagreed with ICBC, BC’s auto insurance monopoly. In particular ICBC claimed, without success that it was unfair that the judge: Expressed cynicism about the legislature’s motives in limiting the number of expert reports that can be commissioned; Commented…
This Court of Appeal personal injury case, Ferrill v. Cockburn, involved an accident at an uncontrolled intersection. The appellant was driving a vehicle and attempted a left turn when he collided with the respondent, who was riding a motorcycle at an excessive speed. The jury at trial apportioned liability equally between both parties. The appellants…
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