Bumstead v. Dufresne et al., [2015] A.R. TBEd. DE.092
| Judge | Horner, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | November 19, 2012 |
| Citations | [2015] A.R. TBEd. DE.092;2015 ABQB 787 |
Bumstead v. Dufresne, [2015] A.R. TBEd. DE.092
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Temp. Cite: [2015] A.R. TBEd. DE.092
Brian Kenneth Bumstead (plaintiff) v. Fannie Dufresne and Jane Doe (defendants)
(0701 08714; 2015 ABQB 787)
Indexed As: Bumstead v. Dufresne et al.
Alberta Court of Queen's Bench
Judicial District of Calgary
Horner, J.
December 10, 2015.
Summary:
The plaintiff's vehicle was struck from behind by the defendant on September 9, 2005. The plaintiff brought a personal injury action. Liability was not an issue. Causation and damages were the primary issues. The plaintiff had made three unsuccessful attempts to return to work. He alleged that chronic pain resulting from the motor vehicle accident was his primary barrier.
The Alberta Court of Queen's Bench found that the plaintiff was not credible. The court stated that "Given my finding on the Plaintiff's credibility, that his injuries were largely self-reported and of a soft tissue nature, his claim cannot be established solely on the basis of his evidence. I need then to consider the objective findings of his medical service providers to determine what injury the Plaintiff suffered, if any, in the accident. I rely on the evidence of Dr. Kong and Dr. Foster to find that the Plaintiff suffered a WAD II lumbar strain as a result of the accident, that this injury gave rise to disabling pain for a period of time and that the Plaintiff, as he had many times before, ultimately experienced a near total recovery. The question then becomes when was this recovery achieved to the point that the Plaintiff could have resumed working. ... Based on what I saw on the video surveillance, I find that the Plaintiff could have found employment commensurate with his prior seniority and income by March 2008 ... Further, there is simply insufficient evidence from which to conclude that the Plaintiff over time developed Chronic Pain Syndrome (CPS) as a result of the accident". The court held that the plaintiff had failed to establish on a balance of probabilities that he was fully disabled and unable to work by reason of the accident beyond March 7, 2008. Therefore, the defendant was liable for the plaintiff's damages only up to that date. Those damages included general damages in the amount of $50,000, special damages of $5,130.59 and loss of past income of $273,735 for a total of $328,865.59. The court also considered what the plaintiff's damages would be in the event that it was wrong in its finding that the plaintiff's disability did not extend beyond March 7, 2008.
Damage Awards - Topic 11
Injury and death - General - Continuing pain (incl. fibromyalgia, myofascial and chronic pain syndrome) - See paragraphs 321 to 337 and 356 to 357.
Damage Awards - Topic 71
Injury and death - Body injuries - Back - Sprains, tears and soft tissue injuries - See paragraphs 321 to 337 and 356 to 357
Damage Awards - Topic 492.1
Injury and death - General damage awards - Pretrial income loss - See paragraphs 340 to 352 and 359 to 368.
Damage Awards - Topic 493
Injury and death - General damage awards - Loss of prospective earnings - See paragraphs 369 to 385.
Damages - Topic 1011
Mitigation - In tort - Personal injuries - Treatment for - See paragraphs 347 to 348
Damages - Topic 1012
Mitigation - In tort - Personal injuries - Employment - See paragraphs 347 to 348 and 378 to 379.
Damages - Topic 1550
General damages - General damages for personal injury - Prospective loss of wages or earnings - See paragraphs 369 to 385.
Damages - Topic 1550.1
General damages - General damages for personal injury - Pretrial loss of wages or earnings - See paragraphs 340 to 352 and 359 to 368.
Torts - Topic 54
Negligence - Causation - Test for (incl. ''but for'' test and ''material contribution'' test) - See paragraph 269.
Torts - Topic 65
Negligence - Causation - Evidence and proof - See paragraphs 266 to 320.
Counsel:
Greg Rodin, for the plaintiff;
Doreen M. Saunderson, for the defendant.
This action was heard on November 19, 2012, and February 22, 2013, before Horner, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on December 10, 2015.
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Jackson v Cooper,
...injuries by 2008. The court awarded $50,000 in general damages. [107] In Bumstead v Dufresne, 2015 ABQB 787 ($50,000), a 43-year-old Plaintiff sustained soft tissue injuries to his back as a result of a car accident in 2005. He was diagnosed with a WAD II......
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Balogun v Pandher, 2020 ABQB 386
...principles. An injured person is entitled to be fully and properly compensated but must provide convincing evidence: Bumstead v Dufresne, 2015 ABQB 787, aff’d 2017 ABCA 122, leave to appeal ref’d 2017 CanLII 78691 (SCC), citing Price v Kostryba (1982), 70 BCLR 397 (SC). As well, the courts ......
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Kitching v. Devlin, 2016 ABQB 212
...her $115,000 ($117,704 in 2010 dollars). [355] This Court recently reviewed the case law on general damages in Bumstead v Dufresne , 2015 ABQB 787 at paras 321 to 336. I have considered those cases and refer to some here. [356] In Wittmeier v Scholes , 1999 ABQB 4, the Court found that the ......
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Petz v Duguay, 2017 ABQB 90
...connected to the accident, what is the quantum of her damages? Causation Law The Alberta Court of Queen’s Bench, in Bumstead v Dufresne, 2015 ABQB 787, summarized the test for as follows (at paras 266, 269): The leading Supreme Court of Canada decision on causation is Clements (Litigation G......
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Jackson v Cooper,
...injuries by 2008. The court awarded $50,000 in general damages. [107] In Bumstead v Dufresne, 2015 ABQB 787 ($50,000), a 43-year-old Plaintiff sustained soft tissue injuries to his back as a result of a car accident in 2005. He was diagnosed with a WAD II......
-
Balogun v Pandher, 2020 ABQB 386
...principles. An injured person is entitled to be fully and properly compensated but must provide convincing evidence: Bumstead v Dufresne, 2015 ABQB 787, aff’d 2017 ABCA 122, leave to appeal ref’d 2017 CanLII 78691 (SCC), citing Price v Kostryba (1982), 70 BCLR 397 (SC). As well, the courts ......
-
Kitching v. Devlin, 2016 ABQB 212
...her $115,000 ($117,704 in 2010 dollars). [355] This Court recently reviewed the case law on general damages in Bumstead v Dufresne , 2015 ABQB 787 at paras 321 to 336. I have considered those cases and refer to some here. [356] In Wittmeier v Scholes , 1999 ABQB 4, the Court found that the ......
-
Petz v Duguay, 2017 ABQB 90
...connected to the accident, what is the quantum of her damages? Causation Law The Alberta Court of Queen’s Bench, in Bumstead v Dufresne, 2015 ABQB 787, summarized the test for as follows (at paras 266, 269): The leading Supreme Court of Canada decision on causation is Clements (Litigation G......
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Defence & Indemnity - August 2017: III. QUANTUM/DAMAGES ISSUES - Bumstead v. Dufresne, 2017 ABCA 122 [4236]
...v. Dufresne, 2015 ABQB 787 (CanLII) (the “Queen’s Bench Decision”. The fact, issues, and analysis of the Queen’s Bench Decision have been provided in the June 2016 edition of Defence and Indemnity. The Respondent admitted liability for the accident, which involved a rear end collision on a ......
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Defence & Indemnity - June 2016: III. QUANTUM/DAMAGES ISSUES A.
...significant in discrediting Plaintiff in large chronic pain case Bumstead v. Dufresne, 2015 ABQB 787, per Horner, I. FACTS AND ISSUES The Plaintiff was injured in a rear-end motor vehicle accident on a secondary highway approaching the exit to the Highway #1. His truck was rear-ended by a m......
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Defence & Indemnity - June 2016
...More QUANTUM/DAMAGES ISSUES Surveillance evidence significant in discrediting Plaintiff in large chronic pain case Bumstead v. Dufresne, 2015 ABQB 787, per Horner, J. Read More The Court overtly accepted the Plaintiff's expert testimony and criticized well-known defence experts with regard ......