Pallos v. ICBC (1995), 53 B.C.A.C. 310 (CA);
87 W.A.C. 310
MLB headnote and full text
Walter Pallos (plaintiff/appellant) v. Insurance Company of British Columbia (defendant/respondent)
(CA014230)
Indexed As: Pallos v. Insurance Corp. of British Columbia
British Columbia Court of Appeal
McEachern, C.J.B.C., Goldie and Finch, JJ.A.
January 3, 1995.
Summary:
The plaintiff sued for damages for injuries suffered when struck by an unidentified vehicle. The trial judge allowed the action, but found the plaintiff 50 percent contributorily negligent. The plaintiff appealed that finding, plus the judge’s failure to award him damages for future loss of earning capacity.
The British Columbia Court of Appeal, McEachern, C.J.B.C., dissenting, allowed the appeal on both issues.
Damages – Topic 1549
General damages – For personal injury – Impairment of earning capacity – The British Columbia Court of Appeal discussed the different approaches for assessing damages for future loss of earning capacity, i.e., the “capital asset” approach and the “real possibility” approach – See paragraphs 23 to 29, 43.
Cases Noticed:
Steenblok v. Funk (1990), 46 B.C.L.R.(2d) 133 (C.A.), refd to. [para. 17].
Andrews et al. v. Grand & Toy (Alberta) Ltd. et al., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 577; 83 D.L.R.(3d) 452; 3 C.C.L.T. 225, refd to. [para. 23].
Earnshaw v. Despins (1990), 45 B.C.L.R.(2d) 380 (C.A.), refd to. [para. 23].
Palmer v. Goodall (1991), 53 B.C.L.R.(2d) 44 (C.A.), refd to. [para. 23].
Kwei et al. v. Boisclair et al. (1991), 6 B.C.A.C. 314; 13 W.A.C. 314; 60 B.C.L.R.(2d) 393 (C.A.), appld. [para. 24].
Statutes Noticed:
Court of Appeal Act, S.B.C. 1982, c. 7, sect. 9(1) [para. 33].
Counsel:
Art E. Vertlieb, for the appellant;
John P. Lauener, for the respondent.
This appeal was heard on December 2, 1994, at Vancouver, British Columbia, before McEachern, C.J.B.C., Goldie and Finch, JJ.A., of the British Columbia Court of Appeal.
On January 3, 1995, the judgment of the court was rendered and the following opinions were filed:
Finch, J.A. (Goldie, J.A., concurring) – see paragraphs 1 to 44;
McEachern, C.J.B.C., dissenting – see paragraphs 45 to 62.
