Key Takeaways from Hemmings v. Padmore (SCC 2026) 1. Factual causation and remoteness are NOT the same thing Courts must analyze them separately. Just because a defendant’s negligence contributed to an injury does not automatically mean they are legally responsible for that injury. First ask: Did the negligence cause the injury? Then ask: Is the […]
Read more "SCC Hemmings v. Padmore Causation and Remoteness"Is Psychological Injury a Minor Injury? There is value in reviewing published cases all across the Country to gain insights on specific issues that are common in personal injury law. One topic of interest is psychological injury. We have seen several Provinces adding “psychological injury” to the definition of what is deemed to be a […]
Read more "Is psychological injury a minor injury?"Legal Resource involving crumbling skull arguments This is a recent case in which differing views led to significantly different estimates of damages. Some of the injuries discussed were concussion/mTBI, mechanical neck and shoulder pain, cervicogenic headache pain, chronic myofascial and cervicogenic headache pain, aggravated intermittent dizziness, light-headedness, and balance issues, worsened pre-existing mid-range hearing loss, […]
Read more "Pre-existing injuries and crumbling skull arguments"Legal Resource: Can a disc herniation be asymptomatic for some period of time (specifically: several years after an accident) and still be causally related to an accident? Find out by reading our ARTICLE. This key issue in this case is causation. Is the Plaintiff’s herniated disc that was asymptomatic for several years after the accidents, […]
Read more "Asymptomatic Disc Herniation"Legal Resource – Stay Current We share a quotation from a Judge in a 2024 BCSC Court published decision (link below) regarding the general principles on causation of loss and pre-existing injury. In recent years, I have been called upon to decide a series of cases involving plaintiffs injured in motor vehicle accidents who have […]
Read more "General Principles 2024"On August 21, 2024, the Court of Appeal of Alberta’s decision in Jackson v. Cooper has been published. We have previously written about this case in our article “Minor Injury Regulations, Alberta” and we are linking our article for your ease of reference – worth reading this trial decision if you have not. The issue […]
Read more "Alberta Court of Appeal Decision on Prejudgment Interest"Legal Resource: Reduction of Cost of Future Care Award Today’s article will reference a number of decisions that outline the test as it pertains to cost of future care awards. We will also quote from a recent 2024 published case that reviews items being claimed totaling $44,443, and go over the Court’s basis for reducing […]
Read more "Reduction of Cost of Future Care Award"This is a recent case involving an 18 year old Plaintiff involved in a motor vehicle accident which resulted in chronic pain and psychological injuries. A claim was brought for general damages, future loss of earning capacity, housekeeping including a claim for cost of future care and special damages. The injuries involved were headaches, neck […]
Read more "2024 chronic pain and psychological injury"Legal Resource – Pedestrian Liability Today’s case involves a pedestrian struck by a vehicle while crossing at an unmarked cross-walk and suffered life altering injuries. Liability is in issue and our article today will enumerate a number of published cases that deal with liability involving pedestrians. The key question is whether a pedestrian who is […]
Read more "2024 Pedestrian Liability Case"Legal Resource Today’s case law involves a cyclist. This is a recent 2024 case that involves an interesting discussion because during this crash, there was actually no contact between vehicle and bicycle. The liability argument involves the “agony of collision” doctrine. In addition, this case involved a Plaintiff that was thrown over the handlebars and […]
Read more "2024 Cyclist Case – Wrist Fractures"