Grennan Estate v. Reddoch et al., (2002) 176 B.C.A.C. 83 (YukCA)

• Judge: Ryan, Braidwood and Hall, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: December 13, 2002
• Jurisdiction: Yukon
• Citations: (2002), 176 B.C.A.C. 83 (YukCA);2002 YKCA 16

Grennan Estate v. Reddoch (2002), 176 B.C.A.C. 83 (YukCA);

    290 W.A.C. 83

MLB headnote and full text

Temp. Cite: [2002] B.C.A.C. TBEd. DE.013

Simon Edward Grennan, Administrator of the Estate of Mary-Ann Grennan, Deceased (respondent/plaintiff) v. Dr. Allon Reddoch and Whitehorse General Hospital (appellants/defendants)

(00-YU434; 00-YU435; 2002 YKCA 16)

Indexed As: Grennan Estate v. Reddoch et al.

Yukon Court of Appeal

Ryan, Braidwood and Hall, JJ.A.

December 13, 2002.

Summary:

The estate of a deceased patient brought an action against the defendant doctor and hospital for damages pursuant to ss. 5 and 6 of the Survival of Actions Act arising from her alleged wrongful death. The doctor pleaded that no damages were recoverable in the action by reason of s. 5 of the Act or under the Estate Administration Act. The estate, with the defendants' consent, applied under rule 34 to decide that point of law.

The Yukon Supreme Court held that the Survival of Actions Act supported such a claim and that s. 59(3) of the Estate Admin­istration Act did not preclude the recovery of such a claim. The defendants appealed.

The Yukon Court of Appeal allowed the appeal.

Editor's Note: See also the following case in these reports.

Damages - Topic 2119.1

Torts causing death - Method of assess­ment of value of the dependency (lump sum) - Loss of deceased's future income - The Yukon Court of Appeal held that the estate of a deceased was not entitled to maintain a claim for the recovery of dam­ages representing the deceased's lost future earnings pursuant to the Survival of Actions Act - Section 5 of the Act restricted the damages recoverable to those that resulted in "actual pecuniary loss" - The court held that the claim for lost earning capacity was not capable of pre­cise calculation and was related to poten­tial or prospective earnings - Thus, this loss did not give rise to an "actual" loss.

Damages - Topic 2384

Torts causing death - Particular damage claims - Loss of future income - [See Damages - Topic 2119.1 ].

Cases Noticed:

Duncan Estate v. Baddeley et al. (1997), 196 A.R. 161; 141 W.A.C. 161; 50 Alta. L.R.(3d) 202; 145 D.L.R.(4th) 708 (C.A.), consd. [para. 13].

MacLean et al. v. MacDonald (2002), 201 N.S.R.(2d) 237; 629 A.P.R. 237 (C.A.), consd. [para. 17].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1; 154 D.L.R.(4th) 193, refd to. [para. 20].

Statutes Noticed:

Survival of Actions Act, R.S.Y. 1986, c. 166, sect. 2(1), sect. 2(2), sect. 5, sect. 6 [para. 11].

Counsel:

C.E. Hinkson, Q.C., and N.L. Trevethan, for the appellant, Dr. Allon Reddoch;

J.C. Grauer, for the appellant, Whitehorse General Hospital.

This appeal was heard in Vancouver, British Columbia, on October 21 to 23, 2002, before Ryan, Braidwood and Hall, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered by Ryan, J.A., on December 13, 2002.