Will the judge accept my decision to retire early because of injuries? What if it was a reasonable decision, but not strictly a necessary one? In the September 2018 decision of Riley v. Ritsco (2018 BCCA 366), the Court considered
Read More →Can I claim injury-related income loss if I have a bunch of unrelated stressors in my life? What if I have sent emails about the dismal market, and blamed a strata dispute for my loss of income? In the 2012
Read More →If my injuries coincide with the downturn in the real estate market, can I successfully prove my realtor commission losses are related to injuries? In the case of Javier v. Hooper (2014 BCSC 1253), the plaintiff was a realtor injured
Read More →Will a realtor be able to prove commission losses for hypothetical sales? What about loss of future earning capacity where she is plagued by ongoing symptoms? In the case of Willett v. Rose (2017 BCSC 627), the plaintiff was a
Read More →If I haven’t lost any income in the past, can I still be awarded for future losses? In this week’s case, the court considered the damages owing to a high level executive who had gritted her teeth to keep working
Read More →In this week’s case, the court considered what to award a young lawyer for her loss of capacity after she was injured in two motor vehicle collisions (Harry v Power at al 2017 BCSC 2618). The plaintiff, Ms. Harry, had
Read More →If my career plans are waylaid by my injuries, how will a judge assess my future income loss? What if there is uncertainty about whether I would have achieved my planned designation? In a decision published earlier this week (Flores
Read More →I just can’t do it anymore – I’m exhausted, in pain, and frustrated by my inability to be the worker I used to be. Can I retire? Not uncommonly, people who are injured in car crashes find themselves some combination
Read More →If I am promoted post-injury, but I cannot keep up and am seeking a demotion – is there a recoverable loss? What if the demotion hasn’t happened yet, and might not result in a reduction of my pay? In a
Read More →If I am injured, and my ability to drive for work is reduced – how will the court assess this loss? In the decision of Ahmad v. Pandher (2017 BCSC 1732) released last week by the BC Supreme Court, the plaintiff (Mr.
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