Week Five: Pecuniary Damages
- Overview of pecuniary damages:
- Wage loss (past and prospective); and
- Expenses (past and prospective).
- Restitutio in integrum – a principled approach to full compensation, from the SCC Trilogy.
- Present value discount rates for future damages: Riding-Brown v. Jenkins, 2015 BCSC 1751
- Past wage loss and future lost earning capacity
- The BCCA “Trilogy” on Lost Earning Capacity claims:
- Rab v. Prescott, 2021 BCCA 345
- Lo v. Vos, 2021 BCCA 421
- Dornan v. Silva, 2021 BCCA 228
- The BCCA “Trilogy” on Lost Earning Capacity claims:
- McHatten v. ICBC, 2023 BCCA 271 (CanLII)
- Steinlauf v Deol, 2022 BCCA 96 (CanLII)
- Lost Homemaking Capacity: Kim v. Lin, 2016 BCSC 2405; aff’d 2018 BCCA 77; See also Ali v. Stacey, 2020 BCSC 465
- Special damages (out-of-pocket expenses) and “In Trust” Claims: Uy v. Dhillon, 2020 BCSC 1302
- Cost of future care – medical justification for future cost of care needs
- Slater M, “Future Cost of Care in Canada – Justice Requires Something Better” Verdict 2010;
- The total lifestyle approach for catastrophic injuries Uy v. Dhillon, 2020 BCSC 1302
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