Awards of cost of future care

A recent 2023 decision Donaldson v Grayson, 2023 BCSC 1675 (CanLII) outlines the legal principles relating to the assessment of cost of future care.  The award for costs of future care was significant – $208,000.  There were also multiple objections raised by the defence in relation to cost items, some of which were accepted by […]

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Assault Case leads to high award

Case link noted below. The Plaintiff in this action was brutally assaulted and commenced this action in tort after the Defendant was found guilty of assault and confinement.  The Judge found the Plaintiff to be credible and reliable at trial. We have written multiple articles on the topic of credibility and reliability of a Plaintiff/Witness […]

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Cardiologists, Cardiac Surgeons and Cardio-thoracic Surgeons

We are enumerating information below outlining the distinction between cardiologists, cardiac surgeons and cardio-thoracic surgeons.  We have also noted the common types of conditions that each medical discipline manages and they types of tests conducted.  The links to the sites are also noted below for reference. Cardiologist – a cardiologist receives medical training and can […]

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Functional Capacity Evaluations and Vocational Assessments

When are “functional” and “vocational” services helpful?  According to several decisions, we are sharing the following extracted information regarding these two assessments, which often go hand-in hand: Functional capacity evaluation (“FCE”) will provide objective data for assessing a Plaintiff’s current physical functionality; FCE will identify functional limitations; FCE will identify whether the injuries will prevent […]

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SCC Decision “Tax Gross Up”

We will review the Supreme Court of Canada decision that explained why adjustments on awards are made as it relates to interest and income tax that may accrue on awards and why “tax gross up” comes into play. This is a simple explanation extracted from the case law: earnings on the capital awarded are subject […]

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