Zenone v. Knight
Francesca Laura Zenone
Michael Henry Mahlmann
Emily Knight
Law Firm / Organization
Whitelaw Twining (WT BCA LLP)

Background: Emily Knight was injured in two motor vehicle accidents, for which Francesca Laura Zenone and Michael Henry Mahlmann admitted liability. The first accident occurred on October 18, 2013, and the second on January 5, 2015. Knight sustained injuries leading to chronic pain, depression, and a disc herniation diagnosed in 2018. The trial judge awarded Knight $1,056,907.50 in damages, including non-pecuniary loss, past wage loss, loss of future earning capacity, cost of future care, loss of housekeeping, in-trust claim, and special damages.

Legal Arguments/Issues:

  • Causation: The appellants argued the judge erred in finding the disc herniation was caused by the accidents and in assessing damages for future losses.
  • Burden of Proof: They contended the judge improperly shifted the burden of proof regarding the disc herniation.
  • Assessment of Damages: The appellants claimed the judge erred in calculating future earning capacity and cost of future care based on speculative future events.

Held: The Court of Appeal allowed the appeal in part, remitting the award for the cost of future care to the trial judge for further specification. The remainder of the appeal was dismissed. The judge's conclusion on causation was upheld, based on the evidence and a common-sense inference of causation.

Costs/Damages Awarded: $1,056,907.50, subject to further specification of future care costs by the trial judge.

Court of Appeals for British Columbia
CA48109
Personal injury law
$ 1,056,908
Respondent