Personal Injury Damages in Canada, Third Edition

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Personal Injury Damages in Canada, Third Edition is the leading Canadian reference 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:

  • Discussion on lump sum or periodic payments
  • Damage proofs
  • Aggravated and punitive damages
  • Voluntary services by family members
  • Loss of earning capacity, loss of earnings for injured children, students, and women
  • Loss of homemaking capacity and 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
  • Thin and crumbling skull principles
  • Recovery from psychological harms

Recent Supreme Court of Canada decisions are considered in detail and the third edition includes a more extensive treatment of claims for the following:

  • Loss of earnings by women, loss of homemaking capacity, and the loss of interdependent relationship
  • Effect of the Supreme Court of Canada decisions in B. (M.) v. British Columbia on the 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 various provinces
  • Consideration of issues on factual causation in the light of the Supreme Court of Canadas decisions in Clements v. Clements, Backwater v. Plint and Hanke v. Resurfice Corp, which developed and explained its earlier decisions and limited the scope of material contribution to risk principle
  • Complete and detailed treatment of the thin skull and crumbling skull principles following the Supreme Court of Canadas decision in Athey v. Leonati, and numerous appellate court cases which have applied these principles
  • 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
  • The subject of mitigation is given separate treatment in a new chapter


Practice Area:
Tort & personal injury


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