Anderson v. James, (1992) 7 B.C.A.C. 205 (CA)

• Judge: Carrothers, Wallace and Locke, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 21, 1991
• Jurisdiction: British Columbia
• Citations: (1992), 7 B.C.A.C. 205 (CA)

Anderson v. James (1992), 7 B.C.A.C. 205 (CA);

    15 W.A.C. 205

MLB headnote and full text

John Brent Anderson, by his committee Margaret Mathilda Anderson (plaintiff/appellant) v. Michael Edward James, Allyn Edward James, Insurance Corporation of British Columbia and Her Majesty the Queen in Right of the Province of British Columbia, through her servant, Ministry of Transportation and Highways (defendants/respondents)

(CA011973)

Indexed As: Anderson v. James et al.

British Columbia Court of Appeal

Carrothers, Wallace and Locke, JJ.A.

January 20, 1992.

Summary:

The plaintiff was seriously injured in a motor vehicle accident. He commenced an action against the defendants for damages for personal injuries.

The British Columbia Supreme Court allowed the action and assessed damages accordingly, finding the plaintiff 25% at fault. The plaintiff appealed the damages assessment and the finding of contributory negligence.

The British Columbia Court of Appeal allowed the appeal, but did not disturb the finding of contributory negligence.

Damage Awards - Topic 489

General damage awards - Cost of future care - [See Damages - Topic 1567 ].

Damage Awards - Topic 493

General damage awards - Loss of prospective earnings - [See second Damages - Topic 1550 ].

Damages - Topic 1550

General damages - Personal injuries - Prospective loss of wages or earnings - The British Columbia Court of Appeal reviewed the principles applicable in calculating damages for loss of future earning capacity - See paragraphs 9 to 13 - The court held that a trial judge erred in making an award for loss of future earning capacity based on "probabilities", rather than "possibilities" - See paragraph 14.

Damages - Topic 1550

General damages - Personal injuries - Prospective loss of wages or earnings - A male in his twenties was disabled because of a motor vehicle accident - Prior to the accident he never had steady employment - Rather, he was categorized as a "wheeler-dealer" or an "entrepreneur" - Through his business dealings he had acquired a number of assets - The British Columbia Court of Appeal discussed the difficulties of calculating a damage award for loss of future earning capacity in such a case - The court stated that "there cannot be a conventional award for this loss, but there can be an arbitrary one which falls within the area of rationality" - The court fixed the award for loss of "unconventional earnings" at $150,000 - See paragraphs 1 to 21.

Damages - Topic 1567

General damages - Personal injuries - Future care and treatment - A male in his twenties was disabled because of a motor vehicle accident - His condition would not improve - The trial judge awarded $20,000 for future care - The British Columbia Court of Appeal increased the award to $347,909 for lifetime support (i.e., skilled supervision and counselling), $29,881 for case management and $53,906 for transportation - See paragraphs 22 to 27.

Cases Noticed:

Steenblock v. Funk (1990), 46 B.C.L.R.(2d) 133 (C.A.), refd to. [para. 9].

Janiak v. Ippolito, [1985] 1 S.C.R. 146; 57 N.R. 240; 9 O.A.C. 1, refd to. [para. 9].

Earnshaw v. Despins (1990), 45 B.C.L.R.(2d) 380 (C.A.), refd to. [para. 10].

Teno et al. v. Arnold et al., [1978] 2 S.C.R. 287; 19 N.R. 1; 83 D.L.R.(3d) 609; 3 C.C.L.T. 372, refd to. [para. 12].

Pickering v. Deacon (1985), 58 B.C.L.R. 145 (C.A.), refd to. [para. 27].

Oliver v. Ashman, [1962] 2 Q.B. 210; [1961] 3 W.L.R. 669; [1961] 3 All E.R. 323 (C.A.), refd to. [para. 27].

Counsel:

K.C. Jarvis, for the appellant;

   M.H. Heller, for the respondent, the Insurance Corp. of British Columbia.

This appeal was heard in Vancouver, B.C., on June 21, 1991, before Carrothers, Wallace and Locke, JJ.A., of the British Columbia Court of Appeal. The following decision was delivered for the court by Locke, J.A., on January 20, 1992.