Lawson v. Le, (2008) 452 A.R. 106 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 11, 2008
• Citations: (2008), 452 A.R. 106 (QB);2008 ABQB 275

Lawson v. Le (2008), 452 A.R. 106 (QB)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. AU.116

John Douglas Lawson and Annabella Geraldine Louisa Lawson (plaintiffs) v. Kim Thay Le (defendant)

(0103-17817; 2008 ABQB 275)

Indexed As: Lawson v. Le

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

June 11, 2008.

Summary:

The plaintiff husband suffered mild soft tissue injuries in a 2001 motor vehicle accident admittedly caused by the defendant's negligence. The husband claimed general damages for non-pecuniary loss, including $70,000 for post-traumatic stress disorder (PSTD) that he claimed was causally connected to the accident. The plaintiff wife claimed damages for loss of consortium and both claimed for loss of housekeeping capacity.

The Alberta Court of Queen's Bench allowed the action in part. The court assessed $27,000 general damages for non-pecuniary loss relating to the soft tissue injuries and $3,000 to the wife for loss of consortium. The PSTD claim was dismissed absent proof of any causal link between the accident and the PSTD.

Damage Awards - Topic 179

Injury and death - Neck injuries - Soft tissue injuries - The plaintiff husband suffered mild soft tissue injuries in a 2001 motor vehicle accident - Although he suffered some pain, he missed no time from work, was able to do everything he did before the accident (golf, yard work, renovations, etc.) and had no objective functional limitations - The husband claimed general damages for non-pecuniary loss, including $70,000 for post-traumatic stress disorder (PSTD), which was diagnosed by a psychologist in October 2002 - The plaintiff wife claimed damages for loss of consortium - The Alberta Court of Queen's Bench assessed $27,000 general damages for non-pecuniary loss for the soft tissue injuries that resolved within 18 months - The PSTD claim was denied - PSTD required a stressor "of an extreme (i.e. life-threatening) nature" - Objectively, that requirement was not met by a minor motor vehicle accident - The court was not satisfied that the husband had PSTD or that, if he did, it was causally connected to the accident as opposed to stressors unrelated to the accident - The wife was awarded $3,000 general damages for loss of consortium, where she lost the companionship, affection and support of the husband for the first three months after the accident.

Damage Awards - Topic 215

Injury and death - Psychological injuries - Post traumatic stress disorder - [See Damage Awards - Topic 179 ].

Damage Awards - Topic 585

Torts - Injury to third parties - Loss of consortium - [See Damage Awards - Topic 179 ].

Torts - Topic 61

Negligence - Causation - Causal connection - [See Damage Awards - Topic 585 ].

Cases Noticed:

Youssef v. Pickerl (1996), 190 A.R. 241 (Q.B.), refd to. [para. 8].

Silvaniuk v. Stevens (1999), 244 A.R. 75; 209 W.A.C. 75 (C.A.), refd to. [para. 8].

Bruneau v. Caseley (1998), 230 A.R. 251 (Q.B.), refd to. [para. 8].

Dyck v. Dave Buck Ford Sales Ltd., [1999] B.C.J. No. 1789 (S.C.), refd to. [para. 8].

Guthmiller v. Krahn (2000), 268 A.R. 369 (Q.B.), refd to. [para. 8].

Vollrath v. Bruce (2000), 282 A.R. 364 (Q.B.), refd to. [para. 8].

Seres v. Ramirez, [2006] A.R. Uned. 788; 2006 ABQB 846, refd to. [para. 8].

Woelk v. Halvorson, [1980] 2 S.C.R. 430; 33 N.R. 232; 24 A.R. 620, refd to. [para. 8].

Labonte v. Sowers (1994), 158 A.R. 350 (Q.B.), refd to. [para. 8].

Imbir v. Barron et al., [2006] A.R. Uned. 364 (Q.B.), refd to. [para. 8].

Deliva v. Chrysler Canada (2002), 311 A.R. 196 (Q.B.), refd to. [para. 8].

Mejia v. Omeasoo et al. (2000), 257 A.R. 363 (Q.B.), refd to. [para. 8].

Pettipas v. Klingbeil et al. (2000), 260 A.R. 1 (Q.B.), refd to. [para. 8].

Willeson v. Calgary (City) et al., [2007] A.R. Uned. 258 (Q.B.), refd to. [para. 8].

Joyce v. Canadian Pacific Hotels Corp. et al. (1994), 161 A.R. 53 (Q.B.), refd to. [para. 8].

Hanke v. Resurfice Corp. et al. (2007), 357 N.R. 175; 404 A.R. 333; 394 W.A.C. 333; 278 D.L.R.(4th) 643 (S.C.C.), refd to. [para. 8].

Counsel:

Eileen Crane, for the plaintiffs;

Jeffrey R. Sermet (Bryan & Company LLP), for the defendant.

This action was heard on May 6-7, 2008, before Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on June 11, 2008.