Carfra Lawton LLP | Victoria BC

Supreme Court Costs Set By Reasonable Expectation of...

In Greenlees v. Starline Windows Ltd., 2018 BCSC 1457, the British Columbia Supreme Court set the plaintiff’s costs by...

In Trust Claim Allowed for Care Provided by Defendant

The BC Supreme Court recently awarded a plaintiff nearly $350,000 in trust for care provided to her by her...

Punitive damages awarded for cutting neighbor’s...

In Gibson v. F.K. Developments Ltd., the plaintiff sued the defendants for entering her property and cutting down a...

Surrogacy Fees Now Recoverable by Plaintiffs in BC

A recent decision of the BC Supreme Court has opened the door for plaintiffs to claim surrogacy fees, despite...

Expert Evidence Not Required to Prove a Mental Injury

In the recent case of Saadati v Moorhead 2017 SCC 28 the Supreme Court of Canada established what is...

Plaintiff receives 100% of loss to family business due to...

Salame v. Sutherland 2016 BCSC 1610 provides new guidance on the proper calculation of past loss of capacity to...

Doctor knows best – a new high water mark for...

In the recent case of Mullens v. Toor 2016 BCSC 1645 the court reduced the plaintiff’s damages by 50%...

Victoria BC Insurance Defence Lawyers

Psychiatric injury similar in impact to brain injury...

The plaintiff in Hans v. Volvo Trucks North America Inc., 2016 BCSC 1155 received one of the highest non-pecuniary...

40% Reduction in Damages for Failure to Mitigate

In Liu v. Bipinchandra, 2016 BCSC 283, the court reduced damages by 40% for failure to mitigate. The court...

Compensation for Pain and Suffering Increased by $10,000...

Picco v. British Columbia (Attorney General) 2015 BCSC 1904 was a claim for injuries arising from a motor vehicle...

Cost of Pain Clinic is a Mandatory Part 7 Benefit...

In Park v. Targonski 2015 BCSC 1531 the plaintiff was awarded damages for injuries sustained in a motor vehicle...

Umpire’s decision upheld on petition for Judicial...

In Vandale v Wawanesa Mutual Insurance Company 2015 BCSC 766 the petitioners had a contract of insurance with Wawanesa...

Failure to follow medical recommendations results in...

In Benson v. Day 2014 BCSC 2224 the plaintiff’s damages were reduced by 15% after he obtained only “woefully...

20% mitigation for refusal to attend therapy and alcohol...

In Rasmussen v Blower 2014 BCSC 1697 the BCSC reduced the plaintiff’s non-pecuniary award by 20% for refusal to...

Plaintiff award reduced by 20% for failure to mitigate (by...

In Rahimi v Ma 2014 BCSC 710 the 32 year-old plaintiff sustained injuries to her neck, back, and shoulders...

Loans Are Not Recoverable Under Special Damages

In Healey v Chung 2014 BCSC 429 the court confirmed that a loan, whether from a family member or...

BCCA reduces housekeeping award by 2/3

In Westbroek v Brizuela 2014 BCCA 48 the 34 year-old plaintiff was injured in a car accident. The trial...

Plaintiff Damages Reduced by 30% for Failure to Mitigate

The reasons in Pond v Bucsis 2013 BCSC 2001 were recently published. This BCSC decision stands in stark...

Problems with Proving a Failure to Mitigate

The reasons in Smith v Both 2013 BCSC 1995 recently indicated some difficulties with proving a failure to mitigate....