J.D. v. Chandra, 2015 BCCA 131
| Judge | Newbury, Saunders and Willcock, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | February 17, 2015 |
| Jurisdiction | British Columbia |
| Citations | 2015 BCCA 131;(2015), 370 B.C.A.C. 249 (CA) |
J.D. v. Chandra (2015), 370 B.C.A.C. 249 (CA);
635 W.A.C. 249
MLB headnote and full text
Temp. Cite: [2015] B.C.A.C. TBEd. AP.016
Darlene Crimeni (respondent/plaintiff) v. Daniel Subhas Chandra and Lauren Collier (appellants/defendants)
(CA041720; 2015 BCCA 131)
Indexed As: J.D. v. Chandra
British Columbia Court of Appeal
Newbury, Saunders and Willcock, JJ.A.
April 20, 2015.
Summary:
Crimeni commenced two actions seeking damages for injuries suffered in two successive accidents. The injuries left her with pain in her back, neck and right shoulder. She eventually had surgery on her shoulder. The actions were tried together. At issue was the quantum of damages.
The British Columbia Supreme Court, in a decision reported at [2014] B.C.T.C. Uned. 466, awarded Crimeni damages totalling $516,398. In assessing impairment of earning capacity, the court used an estimate of the discounted net present value of the stream of lifetime earnings of women with law degrees entering the working force in 2012, provided by an expert: $1,864,800. The court found that Crimeni's limited capacity to work and the possibility that she might have to take time off work as a result of injuries reduced her earning capacity by 20%. The court applied that percentage to $1,864,800 and awarded Crimeni $372,960 for a loss of income earning capacity. The court also awarded $15,000 for loss of housekeeping capacity. The defendants appealed the award for loss of income earning capacity and the loss of housekeeping capacity.
The British Columbia Court of Appeal dismissed the appeal.
Damage Awards - Topic 492
Injury and death - General damage awards - Loss of earning capacity - See paragraphs 15 to 40.
Damage Awards - Topic 495
Injury and death - General damage awards - Loss of housekeeping capacity - See paragraphs 41 to 45.
Damages - Topic 1536
General damages - Elements of general damages - Loss or impairment of housekeeping capacity - See paragraphs 41 to 45.
Damages - Topic 1549
General damages - General damages for personal injuries - Impairment of earning capacity - See paragraphs 15 to 40.
Damages - Topic 1554
General damages - General damages for personal injuries - Calculation and method of assessment - General principles - See paragraphs 15 to 40.
Damages - Topic 1556
General damages - General damages for personal injuries - Calculation and method of assessment - Contingencies - Deduction for - See paragraphs 20, 21, 38 and 39.
Cases Noticed:
Campbell v. Banman et al. (2009), 278 B.C.A.C. 66; 471 W.A.C. 66; 2009 BCCA 484, refd to. [para. 14].
Thornton v. Board of School Trustees of School District No. 57 (Prince George) et al., [1978] 2 S.C.R. 267; 19 N.R. 552, refd to. [para. 15].
Steinebach v. Fraser Health (2011), 310 B.C.A.C. 142; 526 W.A.C. 142; 2011 BCCA 302, refd to. [para. 23].
Jurczak v. Mauro (2013), 346 B.C.A.C. 302; 592 W.A.C. 302; 2013 BCCA 507, refd to. [para. 40].
Rosvold v. Dunlop et al. (2001), 147 B.C.A.C. 56; 241 W.A.C. 56; 2001 BCCA 1, refd to. [para. 40].
McTavish v. MacGillivray et al. (2000), 136 B.C.A.C. 43; 222 W.A.C. 43; 74 B.C.L.R.(3d) 281; 2000 BCCA 164, refd to. [para. 45].
Kroeker v. Jansen et al. (1995), 58 B.C.A.C. 1; 96 W.A.C. 1; 123 D.L.R.(4th) 652; 4 B.C.L.R.(3d) 178 (C.A.), refd to. [para. 45].
Counsel:
L.G. Harris, Q.C., for the appellants;
T.J. Delaney and P.G. Kent-Snowsell, for the respondent.
This appeal was heard at Vancouver, British Columbia, on February 17, 2015, by Newbury, Saunders and Willcock, JJ.A., of the British Columbia Court of Appeal. Willcock, J.A., delivered the following reasons for judgment for the court on April 20, 2015.
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Martin v. First Truck Centre Vancouver Inc., 2020 BCSC 240
...males and females have different rates of participation in the labour market. The defendants point to the decision in Crimeni v. Chandra, 2015 BCCA 131 at paras. 23-25 for the proposition that the use of female earning statistics may incorporate gender bias into the assessment of damages. W......
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Bates v. Buchanan,
...to the value of the earnings they would have received in the past or the future, had the tort not been committed: Crimeni v. Chandra, 2015 BCCA 131 at para. 15. The court must consider both positive and negative contingencies when conducting this analysis: Kellett v. Stam, 2018 BCSC 1127 at......
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Dhami v Kennedy,
...to the value of the earnings they would have received in the past or the future, had the tort not been committed: Crimeni v. Chandra, 2015 BCCA 131 at para. 15. The court must consider both positive and negative contingencies when conducting this analysis: Kellett v. Stam, 2018 BCSC 1127 at......
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Rix v. Koch, 2020 BCSC 1976
...a purser/supervisor because they also include physical duties. [151] Ms. Rix relies on J.D. v. Chandra, 2014 BCSC 466 at para. 184, aff’d 2015 BCCA 131 where Justice Griffin, as she then was, determined that the plaintiff in J.D. would continue to suffer from chronic pain. She held that her......
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Martin v. First Truck Centre Vancouver Inc., 2020 BCSC 240
...males and females have different rates of participation in the labour market. The defendants point to the decision in Crimeni v. Chandra, 2015 BCCA 131 at paras. 23-25 for the proposition that the use of female earning statistics may incorporate gender bias into the assessment of damages. W......
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Rix v. Koch, 2020 BCSC 1976
...a purser/supervisor because they also include physical duties. [151] Ms. Rix relies on J.D. v. Chandra, 2014 BCSC 466 at para. 184, aff’d 2015 BCCA 131 where Justice Griffin, as she then was, determined that the plaintiff in J.D. would continue to suffer from chronic pain. She held that her......
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2023 BCSC 334,
...that requires either hired or free family support, that loss may be compensated by a pecuniary damages award: Crimeni v. Chandra, 2015 BCCA 131 at para 45; Reilly v. Ritsco, 2018 BCCA 366 at para. 215 Whichever approach a court takes, the award must be reasonable and justified on the specif......
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Luck v. Shack, 2019 BCSC 1172
...in predicting Ms. Howell’s future earning capacity….. [200] I also rely upon the Court of Appeal’s decision in Crimeni v. Chandra, 2015 BCCA 131. Justice Willcock stated the following regarding the use of gender-specific historical income [23] Experts are frequently asked to estimate the in......
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Addressing The Gender Gap In Personal Injury Damages Assessments: An Option Other Than "Othering"?
...pay differences and, as such, have increasingly taken a cautious approach to gender-based income statistics. In Crimeni v. Chandra, 2015 BCCA 131, this Court [23] Experts are frequently asked to estimate income losses by using gender-specific historical income figures. Such figures may be u......