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.