July 11, 2014

Kevin Gourlay

Kevin Gourlay

Over the Top Cost of Future Care Claims

When clients have serious long-term injuries, they are entitled to a lump sum amount to pay for future care.  Justice Dickson said the following in Andrews 35 years ago: Money is a barren substitute for health and personal happiness, but to the extent, within reason, that money can be used to sustain…

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March 19, 2014

Kevin Gourlay

Kevin Gourlay

Parking lots aren’t places of safety; future care claims

The Court of Appeal released reasons today in Russell v. Parks, 2014 BCCA 104, overturning the trial judge’s apportionment of liability and awarding future care costs that had been refused. The plaintiff was hit by the defendant’s vehicle in a Cranbrook strip mall parking lot.  He had stepped over a small…

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