Contents: Determination of the Hourly Cost of Household Services by Therese Brown and Audrey Hallson Therese Brown and Audrey Hallson, in the fourth of a five-part series of articles, discuss the estimation of an appropriate hourly rate in cases which involve the loss of household services. This discussion details rates gleaned from a 1997 survey […]
Read More...Year: 1997
D’Amato v. Badger – Complications Arising when the Plaintiff is a Business Partner
In this article Christopher Bruce and Scott Beesley bring clarity to some of the complex issues that surround the loss of income which arises when the proprietor of a small business is injured. In particular, they deal with the situation encountered in the recent Supreme Court decision of D’Amato v. Badger, in which D’Amato was a partner in a small business. The issue of compensation became clouded because D’Amato, through his partner’s generosity, was in receipt of a wage post-accident that exceeded the value of his contribution, given his compromised condition.
Read More...The Role of the Occupational Therapist in Personal Injury Litigation – Part 2
In the second of her two-part series on the role of occupational therapists in personal injury litigation, Lorian Kennedy explains that the occupational therapist is well placed, in terms of both her/his education and expertise, to assess the loss of functional capacity of a plaintiff, after an accident, to undertake household services.
Read More...Determination of the Hourly Cost of Household Services
Therese Brown and Audrey Hallson, in the fourth of a five-part series of articles, discuss the estimation of an appropriate hourly rate in cases which involve the loss of household services. This discussion details rates gleaned from a 1997 survey of household providers which was conducted by Economica.
Read More...Autumn 1997 issue of the Expert Witness newsletter (volume 2, issue 3)
Contents: Using Male Earnings Data to Forecast the Future Income of Females by Derek Aldridge In this article Derek Aldridge deals with the subject of the “wage gap” between men and women. He discusses the rationale used to explain this difference in earnings and why it might be inaccurate to base a prediction of the […]
Read More...Notable Judgments in the Valuation of Household Services
Therese Brown, in the third of a series of articles on household services, reviews various judgments which are of interest in this area. She discusses the substantiation of the loss, as well as the issue of replacement cost. It is also noted that assumptions based on traditional beliefs may prove to be erroneous.
Read More...Structured Settlement Assignments
In this article Heber Smith notes that the assignment of the obligations of a defendant under a structured settlement to a qualified assignee now provides self-insured defendants access to the tax-free periodic payment option.
Read More...Using Male Earnings Data to Forecast the Future Income of Females
In this article Derek Aldridge deals with the subject of the “wage gap” between men and women. He discusses the rationale used to explain this difference in earnings and why it might be inaccurate to base a prediction of the future earnings of young women on women’s historical earnings. He suggests that there is considerable support for the use of male earnings data which have been adjusted to reflect the extent to which a female’s career path may differ from that of the average male.
Read More...Summer 1997 issue of the Expert Witness newsletter (volume 2, issue 2)
Contents: Implications of Duncan v. Baddeley by Christopher Bruce This article deals with the impact of the recent Alberta Appeal Court decision in Duncan v. Baddeley. Christopher Bruce discusses the implications of this decision for: fatal accident actions in which there are no dependants; the selection between the Fatal Accidents Act and the Survival of […]
Read More...Economic and Employment Prospects of the Disabled
In this article, Therese Brown reviews a study on the economic and employment prospects of the disabled. The panel data relied on for this study suggest that the impact of disability on income may not be as severe as has been suggested by most previous sources of information.
Read More...The Children of Immigrants – How Do They Fare?
In this article, Therese Brown notes various factors which may enhance or impede the socio-economic progress of the children of immigrants. Considerable evidence suggests that the positive effects associated with foreign parentage overwhelm all other factors. For that reason, the children of immigrants tend to exhibit higher potential earnings than do their counterparts with native-born parents.
Read More...Structured Settlements: Case Suitability
In this article, Heber Smith discusses criteria which are useful in the determination of the suitability of structured settlements. Amongst other benefits, Revenue Canada may make a significant imputed contribution to a personal injury settlement through reduced taxation. He identifies those instances in which this tax contribution may be of particular significance.
Read More...Issues in Loss of Income Calculations for Self-Employed Individuals
In this article, Scott Beesley outlines various factors which complicate the assessment of the loss of income for self-employed individuals. After clearly laying out the potential pitfalls in these cases, he reviews a number of approaches which might be employed to maximise the accuracy of these estimates.
Read More...Implications of Duncan v. Baddeley
This article deals with the impact of the recent Alberta Appeal Court decision in Duncan v. Baddeley. Christopher Bruce discusses the implications of this decision for: fatal accident actions in which there are no dependants; the selection between the Fatal Accidents Act and the Survival of Actions Act; and the valuation of the “lost years” deduction in both fatal accident and personal injury actions.
Read More...Predicting the Adult Earning Capacity of Minors
In this article Faizal Sharma sheds light upon the complex issue of predicting the potential income stream of a minor who has been injured. He explains that recent studies show a stronger correlation between parents’ income and that of their children than had previously been expected. The child’s level of education is positively correlated with the parent’s education and is negatively affected by being part of a non-traditional family.
Read More...Spring 1997 issue of the Expert Witness newsletter (volume 2, issue 1)
Contents: Predicting the Adult Earning Capacity of Minors by Faizal Sharma In this article Faizal Sharma sheds light upon the complex issue of predicting the potential income stream of a minor who has been injured. He explains that recent studies show a stronger correlation between parents’ income and that of their children than had previously […]
Read More...The Role of the Occupational Therapist in Personal Injury Litigation – Part 1
Lorian Kennedy, in the first part of a two-part series, outlines why an occupational therapist’s education and competencies lend themselves especially well to skills assessment in personal injury cases. In particular, demand for the services of occupational therapists has grown in relation to determination of suitable compensation for the loss of an individual’s capacity to perform household services. Reports by these professionals, in addition, may include assessment of an individual’s functional ability in relation to self-care, leisure, and paid work.
Read More...The “Lost Years” Deduction
In this article Christopher Bruce deals with the current issue of appropriate compensation for the “lost years” of a plaintiff with reduced life expectancy. One of the approaches discussed includes the view that the plaintiff should be compensated for the lost earnings which remain after the cost of necessities is deducted. Further clarification is required on this issue to establish an estimated cost for “necessities.”
Read More...Determination of Contribution to Household Services
In this article, various complexities arising from the determination of the loss of household services in personal injury or fatal accident actions are explored by Therese Brown in the next article. While it is pointed out that information specific to the individual is preferable, average statistics are frequently relied on as well.
Read More...Lost Years Maybe, Lost Care – Never
In this article Heber Smith discusses the importance of providing adequate compensation for an injured plaintiff for whom a diminished life expectancy is projected. He reviews Revenue Canada changes, which have reduced the risk of the insurer, thus making them more willing to negotiate in these matters.
Read More...Spousal Influence on the Decision to Retire
In this article Scott Beesley notes that the respondents to surveys do not expect the influence of their spouse to be large in terms of choice of retirement age. He also reports that surveys of those who have yet to retire tend to suggest that this factor plays a much stronger role.
Read More...BOOK REVIEW: John Barnes, Sports and the Law in Canada, 3rd Edition (Butterworths: Toronto) 1996
In this article Cristropher Bruce reviews a book that examines the state of sports law in Canada.
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