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 […]
Read More...Year: 1996
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.
Read More...Application of Contingencies in the Pre-trial Period
In this article Scott Beesly offers some brief comments concerning whether or not survival probabilities and employment contingencies should be applied to pre-accident income in the pre-trial period.
Read More...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.
Read More...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.
Read More...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 […]
Read More...Selecting the Discount Rate
This article completes a two-part series on the discount rate. In this issue, we review a number of different methods for estimating the future discount rate, explain why we prefer one of them over the others, and apply that method to the selection of a 4.25 percent rate.
Read More...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.
Read More...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.
Read More...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 […]
Read More...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.”
Read More...Annuity Concepts (Continued)
In this article Heber Smith continues his series on structured settlements with a note concerning the “non-commutable” nature of an annuity.
Read More...Forecasting the Earning Capacity of Self-Employed Individuals
In this article Denise Froese introduces Statistics Canada’s Small Business Profiles, a source of information concerning the earnings of self-employed business owners.
Read More...Adjusting Claims for Hours Devoted to Household Chores
In this article Derek Aldridge reports on evidence which suggests that individuals hired to perform housework may be more productive than most householders. Hence, the number of hours which must be replaced may be less than the number a plaintiff formerly performed.
Read More...Fatal Accident Cases After Galand
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.
Read More...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 […]
Read More...Do Sons Follow their Fathers?
In this article Christopher Bruce offers a brief comment on the link between a father’s earnings and his son’s.
Read More...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.
Read More...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.
Read More...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.
Read More...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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