Negrin v. Peeters, (1996) 84 B.C.A.C. 163 (CA)

• Judge: Macfarlane, Hinds and Prowse, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 31, 1996
• Jurisdiction: British Columbia
• Citations: (1996), 84 B.C.A.C. 163 (CA)

Negrin v. Peeters (1996), 84 B.C.A.C. 163 (CA);

    137 W.A.C. 163

MLB headnote and full text

Garry Negrin (plaintiff/respondent) v. Kenneth Leo Peeters (defendant/appellant)

(CA019735)

Indexed As: Negrin v. Peeters

British Columbia Court of Appeal

Macfarlane, Hinds and Prowse, JJ.A.

October 31, 1996.

Summary:

The plaintiff sued the defendant driver for damages for injuries suffered in a motor vehicle accident. Liability was admitted. The trial judge assessed damages accordingly. The defendant driver appealed respecting the awards for loss of opportunity to earn income in the past and in the future and the awarding of court order interest on the award of damages for loss of opportunity to earn past income.

The British Columbia Court of Appeal dismissed the appeal.

Damages - Topic 1549

General damages - For personal injury - Impairment of earning capacity - The plaintiff, who had his own hardwood floor laying business, suffered a significant whiplash - He was unable to do physical work for the first three weeks following the accident and lessened his hours of work thereafter - Within two years he opened a flooring retail store - There was evidence that he lost jobs after the accident and that the business lost net profits - The British Columbia Court of Appeal affirmed that the plaintiff suffered a loss of ability to earn income in the future and was entitled to recover damages for loss of future earning capacity - See paragraphs 23 to 28.

Damages - Topic 1550.1

General damages - For personal injury - Pre-trial loss of wages or earnings - The plaintiff, who had his own hardwood floor laying business, suffered a significant whiplash - He was unable to do physical work for the first three weeks following the accident and lessened his hours of work thereafter - Within two years he opened a flooring retail store - There was evidence that he lost jobs after the accident and that the business lost net profits - The British Columbia Court of Appeal affirmed that the plaintiff suffered a loss of income following the accident and was entitled to recover damages for loss of opportunity to earn past income - See paragraphs 15 to 19.

Interest - Topic 5138

Interest as damages (prejudgment interest) - Torts - Negligence - Personal injuries - Loss of income - The British Columbia Court of Appeal affirmed the awarding of court order interest on damages for past loss of income - See paragraph 29.

Cases Noticed:

Brown v. Golaiy, [1986] B.C.W.L.D. 349, refd to. [para. 23].

Kumlea v. Chaytors (1993), 25 B.C.A.C. 6; 43 W.A.C. 6; 76 B.C.L.R.(2d) 337 (C.A.), refd to. [para. 24].

Counsel:

Derek J. Mullan, Q.C., for the appellant;

James A. Vanstone, for the respondent.

This appeal was heard in Vancouver, British Columbia, on October 18, 1996, before Macfarlane, Hinds and Prowse, JJ.A., of the British Columbia Court of Appeal.

The following judgment of the court was delivered by Hinds, J.A., on October 31, 1996.