- Overview of pecuniary damages:
- Wage loss (past and prospective); and
- Expenses (past and prospective).
- Restitutioin integrum– a principled approach to full compensation from the SCC Triology.
- Past wage loss and future loss of earnings capacity – Athey applied by the BCCA in Steward v. Berezan, 2007 BCCA150 and Perren v. Lalari, 2010 BCCA 140.
- Case studies:
- MacLeod v. Marshall, Court File No. CV-13-481825 (Jury Award), aff’d 2019 ONCA 842 (leave to appeal to SCC is sought re: lost earning capacity)
- Lampkin v. Walls, 2016 BCSC 1003;
- Pololos v Cinnamon-Lopez, 2016 BCSC 81
- Lost Homemaking Capacity: Kim v. Lin, 2016 BCSC 2405; aff’d 2018 BCCA 77
- Special damages and cost of future care – medical justification for future cost of care needs
Week Five: Pecuniary Damages
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We enclose the following information for students (current and prospective) regarding the Personal Injury Law course: