Appellant
Respondent
Legal Arguments/Issues: The main legal issue involved the assessment of damages for loss of future earning capacity and loss of opportunity related to property renovation and sale. Julia Yung appealed the awards related to Deacon Lee Matheson's loss of future earning capacity due to his inability to perform physical labor and both respondents' loss of opportunity due to their inability to complete renovations on their property.
Held: The appeal was dismissed. The court found that the arguments presented by Julia Yung were speculative and did not establish any errors in the trial judge’s findings. Yung’s claims about the possibility of replacing lost income through other ventures and challenging the loss of opportunity awards were considered new arguments not raised at trial, thus inappropriate for appeal consideration.
Background and Court Findings:
Costs/Award: The original awards of $478,129 for loss of future earning capacity and $400,000 for loss of opportunity were upheld, with no adjustment made on appeal.
Court
Court of Appeals for British ColumbiaCase Number
CA48721Practice Area
Personal injury lawAmount
$ 878,129Winner
RespondentTrial Start Date
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