Yung v. Matheson
Julia Yung
Deacon Lee Matheson
Law Firm / Organization
Not Specified
Lawyer(s)

J.D. Whyte

Gwen Lynn Lowney
Law Firm / Organization
Not Specified
Lawyer(s)

J.D. Whyte

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:

  • Future Earning Capacity: Matheson was awarded $478,129 due to his inability to continue his sole proprietorship in home renovation following a car accident. The court rejected Yung's speculative argument that Matheson could compensate for this loss through real estate development.
  • Loss of Opportunity: Matheson and Lowney were awarded $400,000 for their lost opportunity to earn income from the sale of their property, which they could not renovate due to the accident. The court found no error in this award and dismissed Yung’s speculative claims regarding potential deductions for renovation costs and the ability to hire contractors.

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 of Appeals for British Columbia
CA48721
Personal injury law
$ 878,129
Respondent