$131,250 for chronic TMJ injury.

On October 1, 2015, the BC Supreme Court assessed damages for a severe jaw injury sustained in a motor vehicle collision. In Williams v. Gallagher the plaintiff, who was 20 at the time, was involved in a 2010 vehicle collision caused by the defendant.  The plaintiff suffered a variety of injuries the most serious of which was an injury to the temporomandibular (TM) joints in his jaw.  This required surgical intervention which did not cure his pain and the plaintiff  was expected to have chronic lingering problems.  In assessing non-pecuniary damages at just over $130,000 after factoring in...

read more

Discount Rates and Present Day Values.

Discount rates are used to calculate the present day value of a loss of future income or cost of future care that is awarded as a lump sum in personal injury cases. The discount rate assumes that the lump sum will be invested and will earn enough income to create a sufficient stream of compensation for the injured party over the appropriate time frame, with the fund being fully exhausted at the end. This is one methodology of calculating and compensating future financial loss endorsed by the so-called 1978 “Trilogy” of catastrophic injury cases decided by the Supreme Court of...

read more

Drunken push leads to over $1/2 million award.

In a stark example of the profound consequences that can come from a modest confrontation, on September 30, 2015 the BC Supreme Court ordered damages of $553,000 to be paid, after an intoxicated groom to be pushed a man that was teasing him. In Robinson v. Bud’s Bar Inc., 2015 BCSC 1767, the defendant, a groom to be who was “exotically dressed and wearing a ball and chain” following a bachelor party, was approached by the plaintiff and teased about his upcoming marriage. Both parties were intoxicated. The defendant responded by pushing the plaintiff who fell down, struck his head on the...

read more

Self-represented litigant to pay double costs to insurer.

On September 28, 2015, the BC Supreme Court was required to consider what type of costs award should be granted against a self-represented individual who was unsuccessful at trial. In Wright v. Sun Life Assurance Co. of Canada, 2015 BCSC 1899, the insurer made an offer to settle the case prior to trial. The plaintiff did not accept. Ultimately, the claim was dismissed and the plaintiff received no award. The Court held that the insurer’s offer to settle ought reasonably to have been accepted, as the plaintiff’s view of his entitlement and likelihood of recovery was unrealistic. The Court...

read more

Delay not always a bar to a disability claim.

On September 21, 2015, the Ontario Court of Appeal upheld a lower court’s decision to grant relief from forfeiture in Dube v. RBC Life Insurance Company, 2015 ONCA 641. Gregory Dube worked for a Community Housing Corporation in Windsor, Ontario. As a full-time employee, Dube was insured by RBC Life Insurance Co. against the risk of suffering a long-term disability. The RBC policy required claimants to submit proof of their claim to RBC within 90 days from the start of their disability, but granted an extra year to submit proof of the claim if they could not do so within 90 days. On May...

read more