Winter 1996 issue of the Expert Witness newsletter (volume 1, issue 4)

Contents: Calculation of the Dependency Rate in Fatal Accident Actions by Christopher Bruce In this article Christopher Bruce deals with the topical issue of alternative approaches to the calculation of the dependency rate. He argues here that determination of whether a sole dependency method, a revised dependency method, or a revised cross dependency method is […]

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The Valuation of Household Services – Conceptual Issues

In this article Therese Brown explores various complexities arising from the determination of the loss of household services in personal injury or fatal accident actions. While it is pointed out that information specific to the individual is preferable, average statistics are frequently relied on as well.

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The Income Tax Gross-Up on a Cost of Care Award

In this article Derek Aldridge and John Tobin discuss the various factors that affect the size of the tax gross-up on a cost of care award. Factors range from the plaintiff’s taxable income (including investment income from the award), to the proportion of the tax-creditable expenses, to the time path of the consumption of his/her cost of care award. Depending on these various factors, it is clear that the gross-up may be significant, thus making this calculation very worthwhile.

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Calculation of the Dependency Rate in Fatal Accident Actions

In this article Christopher Bruce deals with the topical issue of alternative approaches to the calculation of the dependency rate. He argues here that determination of whether a sole dependency method, a revised dependency method, or a revised cross dependency method is appropriate will depend upon the nature of the marriage of the couple in question.

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Autumn 1996 issue of the Expert Witness newsletter (volume 1, issue 3)

Contents: Damage Calculations in Fatal Accident Actions After Galand by Christopher Bruce This article is Christopher Bruce’s second of two reports on the ramifications of the Alberta Court of Appeal decision in Galand Estate v. Stewart. The article in this issue considers the implications of Galand for the calculation of damages. Employment of Persons With […]

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Employment of Persons With Disabilities: The Employment Equity Act 1986 to 1996

In this article, Gordon Wallace and Gail Currie of The Vocational Consulting Group show that the federal government’s employment equity program, introduced in Bill C62 (January 1985), has not reduced the impact of personal injury accidents on plaintiffs’ earning capacity.

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Damage Calculations in Fatal Accident Actions After Galand

This article is Christopher Bruce’s second of two reports on the ramifications of the Alberta Court of Appeal decision in Galand Estate v. Stewart. The article in this issue considers the implications of Galand for the calculation of damages.

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Summer 1996 issue of the Expert Witness newsletter (volume 1, issue 2)

Contents: Fatal Accident Cases After Galand by Christopher Bruce In this article Christopher Bruce discusses the theoretical arguments raised by Mr. Justice Coté’s decision that an estate is able to rely on the Survival of Actions Act to sue for a deceased’s loss of earning capacity. Adjusting Claims for Hours Devoted to Household Chores by […]

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Distinguishing Between Loss of Income and Loss of Earning Capacity: The B.C. Case of Pallos v. I.C.B.C.

In this article Scott Beesley provides an analysis of the implications of the British Columbia case, Pallos v. I.C.B.C. In Pallos, the B.C. Court of Appeal ruled that although the plaintiff had returned to his former employer, earning as much as he had prior to the accident, his injuries acted to reduce his future “earning capacity.” He was awarded $40,000 on this head of damages. Mr. Beesley shows that the approach adopted in Pallos is an extension of a widely-used concept, “weighted average.”

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Spring 1996 issue of the Expert Witness newsletter (volume 1, issue 1)

Contents: Shortened Life Expectency: The “Lost Years” Calculation by Scott Beesley 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 […]

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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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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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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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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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