Fatla v. McCarthy
Patrycja Katarzyna Fatla
Law Firm / Organization
Not Specified
Meghan Emily McCarthy
Law Firm / Organization
Pacific Law Group
Lawyer(s)

Jaron Fergusson

Background:
Patrycja Katarzyna Fatla was injured in a motor vehicle accident where Meghan Emily McCarthy admitted liability. The case involved assessing damages for Fatla's loss of future earning capacity and housekeeping capacity.

Legal Issues:
The appeal focused on whether the trial judge erred in calculating damages for future income loss and loss of housekeeping capacity. Fatla argued that the judge wrongly based future earnings on her current income rather than using average male earnings and unjustifiably discounted the award. She also claimed that the award for loss of housekeeping capacity was inadequate.

Court's Findings:
The Court of Appeal upheld the judge's decision to use Fatla’s actual income as the basis for future earnings, rejecting the use of average male income statistics. However, the court found that the trial judge erred in arbitrarily reducing the award for future income loss and in underestimating the housekeeping capacity award.

Award:
The Court increased the award for future loss of earning capacity from $220,000 to $235,000 and raised the award for loss of housekeeping capacity from $6,000 to $22,500. The total damages awarded to Fatla amounted to $286,820.

Costs:
Patrycja Katarzyna Fatla was awarded costs as she achieved substantial success on appeal.

Court of Appeals for British Columbia
CA48271
Personal injury law
$ 286,820
Appellant