Risby v. Van-Doornick and Trans North Turbo Air (1971) Ltd., (1981) 29 A.R. 18 (NWTCA)

• Judge: Lieberman, Harradence and Stevenson, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: April 03, 1981
• Jurisdiction: Northwest Territories
• Citations: (1981), 29 A.R. 18 (NWTCA)

Risby v. Van-Doornick (1981), 29 A.R. 18 (NWTCA)

MLB headnote and full text

Risby v. Van-Doornick and Trans North Turbo Air (1971) Ltd.

(No. 368)

Indexed As: Risby v. Van-Doornick and Trans North Turbo Air (1971) Ltd.

Northwest Territories Court of Appeal

Lieberman, Harradence and Stevenson, JJ.A.

April 3, 1981.

Summary:

This case arose out of the plaintiff's claim against the defendants for damages for personal injuries suffered in a helicopter crash. Liability was admitted and the Northwest Territories Supreme Court, Trial Division, in a judgment reported 29 A.R. 6, assessed general damages for personal injuries, but did not award damages for loss of future income, because the plaintiff's income was higher after the accident than before. The plaintiff appealed on the issue of damages for loss of future income.

The Northwest Territories Court of Appeal dismissed the appeal.

Damages - Topic 201

Entitlement - Requirement of loss - The Northwest Territories Court of Appeal affirmed the refusal of a trial judge to award damages for loss of future income as a result of physical injuries, where the plaintiff's income was higher after the accident than before.

Counsel:

A.G. MacDonald, Q.C., for the appellant;

W.J. Melko, for the respondent.

This case was heard at Calgary, Alberta, before LIEBERMAN, HARRADENCE and STEVENSON, JJ.A., of the Northwest Territories Court of Appeal.

On April 3, 1981, LIEBERMAN, J.A., delivered the following judgment for the Court of Appeal: