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…
The Court of Appeal has re-defined the concept of indivisible injury in the assessment of civil damages ( Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 ). The legal distinction between divisible and indivisible injuries is an important question of law in many personal injury cases. In this case review we will explain…
This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at $75,000 pain and suffering Award for…
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