Product Details
978-0-7798-8090-4
Book
1160 pages
hardcover
2017-12-29
Carswell

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Personal Injury Damages in Canada, Third Edition
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Description

This treatise is the leading Canadian reference work on the assessment of personal and fatal injury damages. The book provides comprehensive coverage of cases, legal principles and commentary including future directions for development of the law.

The third edition is a completely revised and thoroughly updated edition of the 1981 and 1996 treatises on assessment of damages for personal injury and death in Canada. Topics of special note include a discussion of lump sum or periodic payments; proof of damages; aggravated and punitive damages; voluntary services by family members; loss of earning capacity, loss of earnings for injured children and students, and for women; loss of homemaking capacity and loss of interdependent relationship; the lost years problem; cost of care and state benefits; third party claims for non-pecuniary losses; claims by unaware and elderly plaintiffs; collateral benefits; fatal accident legislation; survival action statutes; factual causation; the thin and crumbling skull principles; and recovery for psychological harms. Recent Supreme Court of Canada decisions are considered in detail.

Particular features of the 3rd edition include more extensive treatment of claims for loss of earnings by women, loss of homemaking capacity, and loss of interdependent relationship; the effect of the Supreme Court of Canada decisions in  B. (M.) v. British Columbia on loss of earning capacity and welfare benefits; Townsend v. Kroppmanns on management fees and discount rates; Krangle (Guardian ad litem of) v. Brisco on cost of care; Waterman v. I.B.M. on collateral benefits; consideration of recent fatal accident and survival actions legislation in the various provinces; consideration of issues factual causation in light of the Supreme Court of Canada’s decisions in Clements v. Clements, Backwater v. Plint, and Hanke v. Resurfice Corp, which developed and explained the Court’s earlier decisions and limited the scope of the material contribution to risk principle; full and detailed treatment of the thin skull and crumbling skull principles following the Supreme Court of Canada’s decision in Athey v. Leonati, and numerous appellate court cases which have applied these principles; and extensive treatment of the principles governing recovery for psychological harm as a result of the recent decision of the Supreme Court of Canada in Saadati v. Moorhead. Mitigation is given a separate treatment in a new chapter 15.

About the Author
Professor Ken Cooper-Stephenson graduated from the universities of London and Cambridge in England, and has taught in the areas of tort law, damages, constitutional remedies, and legal theory. He has been researching in the area of constitutional human rights damages since the area began to develop internationally in the late 1980s. He was a longtime member of the College of Law, University of Saskatchewan in Canada (1971-2009), and in 2011 was appointed to the new law faculty at Thomson Rivers University, British Columbia. He has been an occasional visiting professor at other law schools around the world. He is the author of Constitutional Damages Worldwide, Personal Injury Damages in Canada and Charter Damages Claims, as well as numerous law review articles, judicial publications, and book chapters.

Professor Elizabeth Adjin-Tettey graduated from the universities of Ghana (Legon), Queen’s (Kingston) and Calgary. She holds a doctorate in law (D.Jur.) from Osgoode Hall Law School, York University. She teaches and researches in the areas of tort law, remedies, insurance, critical race theory, and feminist legal theory. She has been teaching at the Faculty of Law, University of Victoria in Canada since 1998.  She is a co-author of Remedies: The law of Damages (now in its third edition), Remedies: Cases and Materials, as well as several articles and book chapters. She also revised the Canadian Encyclopedic Digest – Insurance (General), 2016.