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"A recent decision provides an excellent discussion on assessing past and future loss of earning capacity. This is a case with no liability issues (two rear-end collisions) and the only issue is quantum of damages. Here are the two legal theories theories, as quoted from the decision (case link is below): [4] The plaintiff complains […]
Read more "2024 PAST AND FUTURE LOSS OF EARNING CAPACITY"A recent published decision identifies a number of cases involving chronic pain cases. The case is referenced as Maher v Tsegaye, 2024 BCSC 822 (CanLII). Link is below. These cases show a range of damages that are relevant to the following injuries: chronic back pain, psychological injury, major depressive disorder for the foreseeable future, that […]
Read more "2024 Range of damages – Chronic Pain"Our accredited program Seeking Leave of the Court for Additional Experts reviews three key published decisions from the BC Supreme Court that provide greater comprehension and a good framework of Section 12(1)(5) of the BC Evidence Act relating to Expert Limits. The cases are noted: Vespaziani v. Lau, 2021 BCSC 1224 (CanLII) Raniga v. Kang, […]
Read more "Seeking Leave for Additional Experts – Alberta"In a recent published decision, a Plaintiff is successful in recovering over $217,000. for future costs. This was a case that resulted in serious injuries. The Plaintiff was diagnosed with 3 vertebral fractures (T12 burst fracture, T11 spinous process fracture, L4 endplate fracture), soft tissue injuries to her sternum, chronic pain syndrome with myofascial pain […]
Read more "In-Home Care / Assisted Living"A number of decisions relating to the negligent infliction of mental injury (known as “nervous shock” in older cases) are noted below, extracted from a recent 2023 decision. The 2023 case (link at the end of the article) involved an application brought by the Defendants under Summary Trial to have the claim for “nervous shock” […]
Read more "Negligent Infliction of Mental Injury"