Monthly Archives: April 2016

ICBC Appeals Large Punitive Damage Award.

  http://www.courts.gov.bc.ca/jdb-txt/ca/16/01/2016BCCA0178.htm As covered in a previous article, the Supreme Court of British Columbia awarded a $350,000 punitive damage award against ICBC. The courts used various adjectives to describe the conduct of ICBC and its employees, including:  highhanded, reprehensible, and malicious. The courts found that the behaviour of ICBC was heavy-handed, and they had attempted to […]

Soft tissue injuries develop into chronic pain disorder and severe psychological injury: plaintiff awarded $984,167 in damages.

  http://www.courts.gov.bc.ca/jdb-txt/sc/16/06/2016BCSC0692.htm Of note in this case was not only the large overall award, but the relatively large award for pain and suffering (AKA non-pecuniary damages) of $170,000. This award acknowledges the severe affect chronic pain syndromes and psychological injury can have on a plaintiff’s life. The judge in this case noted the plaintiff’s inability […]

Estimating wage losses in personal injury cases: what are contingencies?

  When estimating both past and future wage loss, the courts must take into account all positive and negative contingencies. In this context, a positive contingency is a likely event that will have a positive effect on earnings. A negative contingency is a likely event that will have a negative effect on earnings. For example, […]