Shortened Life Expectency: The “Lost Years” Calculation

In this article Scott Beesley analyses the impact which a reduced life expectancy has on the plaintiff’s claim for loss of future earnings – the “lost years deduction.” In a future issue, this discussion will be extended to the calculation of losses in fatal accident actions in which the deceased has left no dependents – following from the Alberta decisions in Galand and Duncan.

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The Annuity Solution to Fund Cost of Future Care

In this article Heber Smith provides the first in a series of articles concerning the intricacies of structured settlements. His article addresses such topics as annuity titles and rights, the specifics of structured settlement annuities, new developments in structured settlements and the creative use of annuities in remediating personal loss actions.

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What is a “Discount Rate”?

In this article Christopher Bruce provides a simple introduction to a concept which litigators must use every day – the discount rate, or “real rate of interest.” This article is the first in a series which will discuss the underlying concepts employed in the derivation of the lump sum values of future streams of losses.

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Loss of Earnings for Wrongful Confinement and Wrongful Sterilization: The Case of Leilani Muir

In this article Christopher Bruce offers a brief comment on the case Muir v. Alberta, in which damages were awarded to the plaintiff because she was wrongfully confined in a home for the mentally defective and was wrongfully sterilized. However, the court denied her loss of earnings claim.

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