The defendant points out that the plaintiff’s sick days did not increase as her 17 months of full-time work at the Mackenzie Hospital unfolded. While that is true, I attribute it to Ms. Hawkins’ general stoicism and her sense of responsibility to her patients. I accept that it was the avocational aspects of her life that increasingly suffered, rather than her attendance at work.
Tuesday, September 30, 2014
 The defendant points out that the plaintiff’s sick days did not increase as her 17 months of full-time work at the Mackenzie Hospital unfolded. While that is true, I attribute it to Ms. Hawkins’ general stoicism and her sense of responsibility to her patients. I accept that it was the avocational aspects of her life that increasingly suffered, rather than her attendance at work.
Monday, September 22, 2014
a safe distance, and
the highway until safely clear of the overtaken vehicle.
vehicle, must cause the vehicle to give way to the right in favour
of the overtaking vehicle, and
passed by the overtaking vehicle.
signalled his or her intention to make a left turn,
unobstructed lane on the side of the roadway on which the driver
is permitted to drive, or
one direction of movement, where the roadway is free from
obstructions and is of sufficient width for 2 or more lanes of
 In the result I am satisfied that Mr. Link has proven on a balance of probabilities that the driver of the SUV was negligent in all of the circumstances of this case.
Thursday, September 18, 2014
Tuesday, September 16, 2014
Mr. Rasmussen suffered soft tissue injuries, which left him with neck and back pain, knee pain, left leg numbness and headaches. These injuries, along with a number of additional damages, including pain and suffering and loss of enjoyment of life in the future, were pleaded by the plaintiff. The defendant responded, pleading in part that, by the plaintiff’s failure to follow medical advice and recommended courses of treatment, the plaintiff failed to mitigate his damages. Particularly with respect to his consumption of alcohol while taking prescribed medications, the defendant submitted that the plaintiff’s non-pecuniary award should be reduced by 10-20% to account for his failure to follow medical advice, or to take steps to reduce or alleviate his own injuries, and/or the accompanying symptoms of pain he had reported. The Court ultimately agreed with the defendant, reducing the plaintiff’s non-pecuniary damages by 20%.
Graham v. Rogers, 2001 BCCA 432 (CanLII), 2001 BCCA 432, at para. 35. In this type of case, the plaintiff must seek and follow the advice of his or her physician with the goal of overall improvement and recovery.
 The defendant did not argue that, if the plaintiff had followed the medical advice he received, the plaintiff’s injuries would have resolved within “6 months to a year or so”: Price, supra. The defendant stated that the plaintiff’s non-pecuniary award should be reduced by 10%-20% in order to take into account the plaintiff’s failure to mitigate. The defendant has satisfied the two-pronged test in Chiu v. Chiu, 2002 BCCA 618 (CanLII), 2002 BCCA 618, set forth by the late Mr. Justice Low, writing for our Court of Appeal:
Ultimately, Mr. Justice Funt concluded:
Wednesday, September 10, 2014
Tuesday, September 9, 2014
Future Loss of Earning Capacity: $325,000
Future Cost of Care: $230,000
Special Damages: $35,023.76
801 Ms. Forder was basically bed ridden for some 18 months. Equally, clearly as one sifts through the reports and sees the improvement after 18 months and the plain need for Ms. Forder to become more active but at the same time have appropriate medical care without the worry of a lawsuit impinging on her life, there is in my view a reasonable medical likelihood of Ms. Forder being capable of sedentary employment. She has continued with one of her respite care clients. It is not unreasonable to forecast that Ms. Forder, with her skills and empathy for special needs children will be able in the long term to acquire some more clients.
806 And given the need for medication and psychological intervention for the major depressive disorder based on Dr. O'Shaughnessy and Dr. Wild's opinion, the defendant's suggestion of future cost of care be limited to $35,000 - $45,000 does not fall within their own parameters.
The trial Judge's full reasons can be viewed at the link provided above.