Chae v. Min et al., 2001 ABQB 1107

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 07, 2001
• Citations: 2001 ABQB 1107;(2001), 305 A.R. 220 (QB)

Chae v. Min (2001), 305 A.R. 220 (QB)

MLB headnote and full text

Temp. Cite: [2002] A.R. TBEd. JA.004

Yune Gi Chae and Myung Soon Chae (plaintiffs) v. Doo Kie Min and Choong Keun Oh (defendants)

(Action No. 9903 07052; 2001 ABQB 1107)

Indexed As: Chae v. Min et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

December 17, 2001.

Summary:

Chae was a front seat passenger in a motor vehicle that was involved in a single vehicle accident. Chae and his wife sued the driver and the vehicle owner.

The Alberta Court of Queen's Bench allowed the action and assessed damages.

Editor's note: for a related case see (2001), 305 A.R. 207.

Damage Awards - Topic 56

Injury and death - Body injuries - Chest - Lungs and ribs - The 57 year old male plaintiff was a passenger in a vehicle involved in a single vehicle accident - He suffered a closed head mild brain injury, four fractured ribs, a punctured lung, permanent facial scarring and panic attacks - The brain injury was resolved within three weeks - The rib and lung injuries were resolved within three and a half months although there was some residual occasional pain at the site where chest tubes were used - His injuries prevented him from participating in the family business for a time - The Alberta Court of Queen's Bench awarded the plaintiff $100,000 general damages for pain and suffering - The court held that prior to the accident, the plaintiff did not have time for housekeeping - Therefore, loss of housekeeping capacity was subsumed within the general damages award - See paragraphs 52 to 86 and 117 to 119.

Damage Awards - Topic 105

Injury and death - Head injuries - Skull fracture and closed head injuries - [See Damage Awards - Topic 56 ].

Damage Awards - Topic 495

Injury and death - General damage awards - Loss of housekeeping capacity - [See Damage Awards - Topic 56 ].

Damage Awards - Topic 585

Torts - Injury to third parties - Loss of consortium - The male plaintiff was injured in a motor vehicle accident - The plaintiff's wife claimed loss of consortium - Following the accident, the wife's relationship with the plaintiff was limited to that of care-giver - It was not a conjugal relationship - The Alberta Court of Queen's Bench awarded the wife $30,000 for loss of consortium - See paragraph 120.

Damages - Topic 1550

General damages - General damages for personal injury - Prospective loss of wages or earnings (incl. formula) - The male plaintiff was injured in a motor vehicle accident - Two months before the accident, the plaintiff and his wife had purchased a service station - The plaintiff claimed that his injuries prevented him from participating in the operation of the service station - He claimed loss of future income - The Alberta Court of Queen's Bench held that the plaintiff was able to operate the station after the accident - However, there were several months where he was unable to work at the station or had to work less because of his injuries - In determining the resulting income loss, the court considered, inter alia, the station's business results for the eight months prior to acquisition and the downward trend in the station's money generating capacity prior to acquisition - Further, the court held that an inflation increase should be a built-in assumption concerning future profitability - See paragraphs 87 to 104.

Cases Noticed:

Athey v. Leonati et al., [1996] 3 S.C.R. 458; 203 N.R. 36; 81 B.C.A.C. 243; 132 W.A.C. 243; [1997] 1 W.W.R. 97, refd to. [para. 10].

Sczebel v. Silverston; Sczebel v. Mel's Blasting & Painting Ltd. and Massie (1988), 85 A.R. 293; 59 Alta. L.R.(2d) 165 (Q.B.), refd to. [para. 10].

Pendergras and Presley v. McGrath and Tilden Rent A Car Co. (1988), 86 A.R. 291; 60 Alta. L.R.(2d) 276 (C.A.), refd to. [para. 10].

Labonte v. Sowers (1994), 158 A.R. 350; 24 Alta. L.R.(3d) 53 (Q.B.), refd to. [para. 10].

Laframboise v. Billett et al. (1994), 160 A.R. 25; 25 Alta. L.R.(3d) 416 (Q.B.), refd to. [para. 10].

Gordon v. Harmon (1999), 246 A.R. 305 (Q.B.), refd to. [para. 10].

Madge v. Meyer (1999), 256 A.R. 201; 76 Alta. L.R.(3d) 274 (Q.B.), affd. (2001), 281 A.R. 143; 248 W.A.C. 143 (C.A.), refd to. [para. 10].

Ye v. McConnell et al. (2001), 282 A.R. 73 (Q.B.), refd to. [para. 11].

Driscoll v. Thagard, [1999] B.C.J. No. 283 (S.C.), refd to. [para. 11].

Yee et al. v. Michalchuk (1990), 69 Man.R.(2d) 59; 48 C.C.L.I. 34 (Q.B.), refd to. [para. 11].

Langshaw v. Hui and Ma (1994), 159 A.R. 106 (Q.B.), refd to. [para. 11].

Engel v. Salyn et al., [1993] 1 S.C.R. 306; 147 N.R. 321; 105 Sask.R. 81; 32 W.A.C. 81; 99 D.L.R.(4th) 401, refd to. [para. 11].

Melnychuk v. Ronaghan et al. (1998), 224 A.R. 221; 62 Alta. L.R.(3d) 53 (Q.B.), refd to. [para. 11].

Martin v. Mineral Springs Hospital, [2000] A.J. No. 78, refd to. [para. 11].

Peters v. Stirling, [2001] A.J. No. 1232, refd to. [para. 11].

Pettipas v. Klingbeil et al. (2000), 260 A.R. 1 (Q.B.), refd to. [para. 11].

Semeniuk v. Cox et al. (2000), 258 A.R. 73 (Q.B.), refd to. [para. 11].

R. v. Zundel (1987), 18 O.A.C. 161; 58 O.R.(2d) 129 (C.A.), refd to. [para. 11].

Sugden v. Lord St. Leonards, [1876] 1 P.D. 154; [1876] 24 W.R. 800 (C.A.), refd to. [para 11].

Gibbons v. Travelers Life Insurance Co. of Canada (1995), 165 A.R. 393; 89 W.A.C. 393; 29 Alta. L.R.(3d) 50 (C.A.), refd to. [para. 11].

R. v. Drover (V.R.) (2000), 185 Nfld. & P.E.I.R. 21; 562 A.P.R. 21 (Nfld. C.A.), refd to. [para. 11].

Counsel:

Darrell E. Elgert and Paul Kraus (Barry Elgert Kraus & Peddie), for the plaintiffs;

David Syme, Q.C. (Brownlee Fryett), for the defendants.

This matter was heard on November 19 to December 7, 2001, by Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on December 17, 2001.