Olacke Estate v. Kenting Aircraft Ltd., Muller, Flescher and Bell Helicopter Co., (1979) 20 A.R. 215 (QB)

JudgeMoore, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateNovember 27, 1979
Citations(1979), 20 A.R. 215 (QB)

Olacke Estate v. Kenting Aircraft Ltd. (1979), 20 A.R. 215 (QB)

MLB headnote and full text

Olacke's Estate v. Kenting Aircraft Ltd., Muller, Flescher and Bell Helicopter Company

(133246)

Indexed As: Olacke Estate v. Kenting Aircraft Ltd., Muller, Flescher and Bell Helicopter Co.

Alberta Court of Queen's Bench

Judicial District of Calgary

Moore, J.

November 27, 1979.

Summary:

This headnote contains no summary.

Damage Awards - Topic 81

Personal injuries and death - Fatal accidents - Father and husband - Death of 27 year old husband and father of two children, who was a geotechnical engineer in training, earning $17,750.00 a year with excellent prospects - The Alberta Court of Queen's Bench awarded $406,926.00 general damages for death for the benefit of the widow and two children, including $372,351.00 for future loss and $34,575.00 for loss to trial.

Damages - Topic 2112

Torts causing death - Method of assessment of value of dependency (lump sum) - Multiplier - The Alberta Court of Queen's Bench rejected the use of a multiplier in determining general damages for the death of a young engineer with excellent career prospects - See paragraph 9.

Damages - Topic 2113

Torts causing death - Method of assessment of value of dependency (lump sum) - Upward adjustment for future income tax - The Alberta Court of Queen's Bench in assessing general damages for the death of a young engineer made a 16% allowance for the income tax the widow would have to pay on a dependency allowance - See paragraph 26.

Damages - Topic 2117

Torts causing death - Method of assessment of value of dependency (lump sum) - Contingencies - In assessing general damages for the death of a young engineer, who left surviving a widow and two children, the Alberta Court of Queen's Bench set out the various contingencies which must be taken into account and made a 30% reduction for contingencies - See paragraphs 14 to 29.

Damages - Topic 2121

Torts causing death - Deductions from the value of the dependency - Income tax - In assessing general damages for the death of a young engineer, the Alberta Court of Queen's Bench reduced the value of the dependency by 20% for income tax liability for which the engineer would have been liable - See paragraph 25.

Cases Noticed:

Kwong v. R. in Right of Alberta (1978), 14 A.R. 120; [1979] 2 W.W.R. 1, appld. [para. 9].

Andrews v. Grand & Toy Alberta Ltd. (1978), 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 577; [1978] 2 S.C.R. 229; 83 D.L.R.(3d) 452, appld. [para. 15].

Julian v. Northern and Central Gas Corporation Ltd. (1978), 5 C.C.L.T. 148, appld. [para. 17].

Keizer v. Hanna (1978), 19 N.R. 209; 82 D.L.R.(3d) 449, appld. [para. 24].

Counsel:

J.W. Rose, for the plaintiff;

R.K. Laing, for the defendants.

This case was heard at Calgary, Alberta, before MOORE, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on November 27, 1979:

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2 practice notes
  • Holloway Estate v. Giles et al., (2001) 201 Nfld. & P.E.I.R. 181 (NFTD)
    • Canada
    • Newfoundland and Labrador Supreme Court of Newfoundland and Labrador (Canada)
    • May 22, 2001
    ...Ltd. (1980), 27 A.R. 181 at 194 (Q.B.) (1%); Lewis v. Todd , supra, note 431 at 270 (2%). 443 Olacke's Estate v. Kenting Aircraft Ltd. (1980), 20 A.R. 215 at 220 (Q.B.) (0%)." [114] The plaintiff, through its actuarial expert Murray Segal, went to great lengths to argue the appropriate disc......
  • O'Hara et al. v. Belanger, (1989) 98 A.R. 86 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 18, 1989
    ...[1978] 2 S.C.R. 342; 19 N.R. 209; 82 D.L.R.(3d) 449; 3 C.C.L.T. 316, consd. [paras. 2426]. Olacke's Estate v. Kenting Aircraft Ltd. (1979), 20 A.R. 215 (Q.B.), consd. [paras. 27, Cummings v. Halliburton Services (1980), 27 A.R. 181 (Q.B.), consd. [para. 27]. Julian v. Northern and Central G......
2 cases
  • Holloway Estate v. Giles et al., (2001) 201 Nfld. & P.E.I.R. 181 (NFTD)
    • Canada
    • Newfoundland and Labrador Supreme Court of Newfoundland and Labrador (Canada)
    • May 22, 2001
    ...Ltd. (1980), 27 A.R. 181 at 194 (Q.B.) (1%); Lewis v. Todd , supra, note 431 at 270 (2%). 443 Olacke's Estate v. Kenting Aircraft Ltd. (1980), 20 A.R. 215 at 220 (Q.B.) (0%)." [114] The plaintiff, through its actuarial expert Murray Segal, went to great lengths to argue the appropriate disc......
  • O'Hara et al. v. Belanger, (1989) 98 A.R. 86 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 18, 1989
    ...[1978] 2 S.C.R. 342; 19 N.R. 209; 82 D.L.R.(3d) 449; 3 C.C.L.T. 316, consd. [paras. 2426]. Olacke's Estate v. Kenting Aircraft Ltd. (1979), 20 A.R. 215 (Q.B.), consd. [paras. 27, Cummings v. Halliburton Services (1980), 27 A.R. 181 (Q.B.), consd. [para. 27]. Julian v. Northern and Central G......

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