Liu v. Bains, 2016 BCCA 374

JurisdictionBritish Columbia
JudgeBauman, C.J.B.C., Newbury and Neilson, JJ.A.
CourtCourt of Appeal (British Columbia)
Subject MatterDAMAGES,DAMAGE AWARDS
Citation2016 BCCA 374
Date15 September 2016
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116 practice notes
  • Arvanitis v. Cleave,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 26 Abril 2023
    ...to perform tasks with difficulty or chooses not to complete the tasks at all: McKee v. Hicks, 2023 BCCA 109 at para. 112; Liu v. Bains, 2016 BCCA 374 at para. 26, citing McTavish at paras. [293]    The plaintiff seeks an award of $61,082 for cost of future housekeeping servic......
  • 2023 BCSC 988,
    • Canada
    • 1 Enero 2023
    ...determine whether a loss is more properly considered pecuniary or non-pecuniary were recently discussed by this Court in [ Liu v. Bains, 2016 BCCA 374]: [26] It lies in the trial judge's discretion whether to address such a claim as part of the non-pecuniary loss or as a segregated pec......
  • Sunner v Lee,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Junio 2023
    ...determine whether a loss is more properly considered pecuniary or non-pecuniary were recently discussed by this Court in [ Liu v. Bains, 2016 BCCA 374]: [26] It lies in the trial judge's discretion whether to address such a claim as part of the non-pecuniary loss or as a segregated pec......
  • Johal v. Fazli,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 29 Septiembre 2021
    ...she has, it should be addressed as part of non-pecuniary damages, not assessed separately. [239]     In Liu v. Bains, 2016 BCCA 374 at paras. 25-29, the Court of Appeal explained that loss of housekeeping capacity can be treated as an aspect of pain, suffering, and ......
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115 cases
  • Arvanitis v. Cleave,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 26 Abril 2023
    ...to perform tasks with difficulty or chooses not to complete the tasks at all: McKee v. Hicks, 2023 BCCA 109 at para. 112; Liu v. Bains, 2016 BCCA 374 at para. 26, citing McTavish at paras. [293]    The plaintiff seeks an award of $61,082 for cost of future housekeeping servic......
  • 2023 BCSC 988,
    • Canada
    • 1 Enero 2023
    ...determine whether a loss is more properly considered pecuniary or non-pecuniary were recently discussed by this Court in [ Liu v. Bains, 2016 BCCA 374]: [26] It lies in the trial judge's discretion whether to address such a claim as part of the non-pecuniary loss or as a segregated pec......
  • Sunner v Lee,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Junio 2023
    ...determine whether a loss is more properly considered pecuniary or non-pecuniary were recently discussed by this Court in [ Liu v. Bains, 2016 BCCA 374]: [26] It lies in the trial judge's discretion whether to address such a claim as part of the non-pecuniary loss or as a segregated pec......
  • Johal v. Fazli,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 29 Septiembre 2021
    ...she has, it should be addressed as part of non-pecuniary damages, not assessed separately. [239]     In Liu v. Bains, 2016 BCCA 374 at paras. 25-29, the Court of Appeal explained that loss of housekeeping capacity can be treated as an aspect of pain, suffering, and ......
  • Request a trial to view additional results
1 firm's commentaries
  • Should Loss Of Housekeeping Capacity Be A Separate Head Of Damage?
    • Canada
    • Mondaq Canada
    • 31 Enero 2019
    ...capacity, which well exceeded the $70,000 award that had previously been stated to be the high end of the range (see Liu v Bains, 2016 BCCA 374 [Liu]). Of additional note is the fact that the trial judge awarded loss of housekeeping capacity in lieu of an "in trust" and future care In that ......

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