The appellant retained Fasken to challenge her damages award for injuries she suffered in a motor vehicle accident, alleging that the amount was inordinately low and failed to compensate her for her loss of housekeeping capacity. She also challenged a 25% reduction in the award for a failure to mitigate her damages.
The appeal was allowed in part, with the Court of Appeal increasing the award for non-pecuniary damages on the basis there was an established loss of housekeeping capacity under that head of damage. The Chief Justice also clarified the legal principles governing mitigation of damages, which had been the subject of conflicting decisions in the trial court.
Fasken represented Celedonia Haug with a team led by Gavin Cameron (Litigation).
The appeal was allowed in part, with the Court of Appeal increasing the award for non-pecuniary damages on the basis there was an established loss of housekeeping capacity under that head of damage. The Chief Justice also clarified the legal principles governing mitigation of damages, which had been the subject of conflicting decisions in the trial court.
Fasken represented Celedonia Haug with a team led by Gavin Cameron (Litigation).
Jurisdiction
- British Columbia
