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Personal injury Tag

Hauer & Co. > Posts tagged "Personal injury"

The Money Management Award in Personal Injury Actions

In the case of Turner v. Dionne, 2018 BCSC 1075, the Court addressed the issue of a money management award for the Plaintiff, Ms. Turner. In an earlier judgment issued ten months earlier on October 25, 2017, the Court found the defendant liable to the plaintiff, Ms. Turner, for damages for injuries arising out of a motor vehicle accident. Ms. Turner was awarded damages totalling $1,426,002.83.  This sum included $950,000 for future loss of earning capacity and $145,489 for cost of future care.  The parties were given permission to make submissions concerning costs, management fees and tax gross-up. Issues about costs,...

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Ski resort negligent; waiver protects them from damages

Waiver - exclusion of liability

Would the waiver be upheld? That was the question. In the recent decision of Fillingham v. Big White Ski Resort Limited 2017 BCSC 1702, on March 4, 2013, a snowboarder, the plaintiff, Gary Colin Fillingham, was seriously injured (including a broken leg) after skiing along a trail at the Big White Ski Resort. The ski run had a rope line that often prevented unimpeded access to the short cut, but the snowboarder found the rope line to be open. The snowboarder tried taking the short cut, but recent snow removal by the ski resort resulted in a sheer 10-foot drop down...

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Acting in the “Agony of the Moment”

In a recent decision of Bye v. Newman, 2017 BCSC 1718, the plaintiff, a 31-year-old carpenter, suffered injuries when he was involved in a collision with defendant's all-terrain vehicle while the plaintiff was riding his dirt bike. The Supreme Court of British Columbia held that the defendant breached the standard of care expected of ordinary, reasonable, and prudent person by driving his ATV too quickly, and by crossing the centre of road into the oncoming side around a blind corner. The Defendant was 100 per cent liable. To extent that plaintiff's decision to turn to right contributed to his injuries, he acted in...

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