Appellant
Respondent
Case Overview:
The case involved Alissa Laurin (Appellant) and Jessica Tiemer and Christine Atkinson (Respondents) in the Court of Appeal for British Columbia. It arose from a motor vehicle accident in 2015, where Tiemer rear-ended Laurin’s vehicle. Liability was admitted, and the dispute centered on the damages for loss of future earning capacity.
Legal Issues and Arguments:
The primary legal issue was whether the trial judge erred in calculating Laurin’s future earning capacity loss by disregarding the expert economist’s evidence and incorrectly using a constant annual loss. Laurin argued that the judge misapprehended economic evidence, including provincial averages and the effect of her injuries on future earnings. The Respondents contended that the judge’s approach was reasonable and that economic data were not determinative.
Appellate Court Findings:
The Court of Appeal found that the trial judge made errors of law and fact by disregarding the expert report, failing to consider statistical averages properly, and underestimating Laurin’s pre-accident earning potential. The court held that Laurin’s loss should be calculated using a more comprehensive method, accounting for compounding interest and realistic future earnings.
Award:
The appellate court reassessed the damages and increased the award for loss of future earning capacity from $463,289 to $1,000,000. No separate costs were specified for the appeal.
Court
Court of Appeals for British ColumbiaCase Number
CA48347Practice Area
Personal injury lawAmount
$ 1,000,000Winner
PlaintiffTrial Start Date
Download documents