In February 1996 Economica began publishing a newsletter titled The Expert Witness. The purpose of the newsletter is to present the results of expert research into issues which are of topical interest to the personal injury litigator. More than 1,000 lawyers across Canada currently read our newsletter.

If you are looking for an article from a specific issue of the newsletter, go to this page, which provides a list of every issue and its articles. Otherwise, all of our articles are listed below by category. Our search feature (top right of each page) is another good way to find articles on a specific topic.

 

Automobile insurance

• Alternatives to the Minor Injury Regulation

  June 1, 2009

• Premiums, Profits, and Costs of Business in Alberta’s Automobile Insurance Industry, 1996-2006

  December 1, 2008

• The Impact of the “Net Income” Provisions of the Insurance Amendment Act, 2003

  June 1, 2004

• How are Automobile Insurance Premiums Determined?

  September 1, 2003

• Experience-Rating of Automobile Insurance: A Good Idea that Won’t Work

  June 1, 2003

• No-Fault Automobile Insurance

  September 1, 2001

Contingencies

• The Effect of Alcoholism on Earning Capacity

  June 1, 1998

• Doctors Are Not Experts on Life Expectancy

  June 1, 1998

• Application of Contingencies in the Pre-trial Period

  December 1, 1996

Costs of care

• The Structure of a Cost of Care Report

  June 1, 2016

• Claims by Elderly Parents for Loss of Caregiving by Adult Children

  September 1, 2005

• Quantifying Soft Tissue Injury in Neck Injured Patients

  December 1, 2002

• Incorporating the Effect of Reduced Life Expectancy into Awards for Future Costs of Care

  December 1, 2000

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

  December 1, 1996

Disability and earnings

• The Impact of Poor Health on Retirement Age

  September 1, 2007

• Using the HALS/PALS data sets to estimate a loss of income

  March 1, 2007

• The Impact of Disability on Earnings: Reliable Data

  March 1, 2005

• The Reliability of Statistical Evidence Concerning the Impact of Disability

  December 1, 2004

• The Impact of Disability on Earnings: Results of the Health and Activity Limitation Survey

  March 1, 2000

• Two interesting web sites relating to disabilities

  March 1, 2000

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

  September 1, 1996

Discount rates

• Selecting the Discount Rate (2017)

  May 11, 2017

• Implied Rates of Return on Structured Settlements

  December 1, 2012

• The Discount Rate Simplified

  December 1, 2012

• The Discount Rate Revisited (Spring 2008)

  March 1, 2008

• Forecasting the long-term interest rate on Government of Canada bonds: “market-based” versus “conservative” investment

  March 1, 2007

• The Discount Rate Revisited (Summer 2006)

  June 1, 2006

• The Discount Rate Revisited

  June 1, 2005

• Selecting the Discount Rate – An Update

  March 1, 2003

• Selecting the Discount Rate – An Update

  December 1, 2001

• Selecting the Discount Rate

  September 1, 2000

• Ontario’s Mandated Discount Rate – Rule 53.09(1)

  September 1, 2000

• Selecting the Discount Rate

  September 1, 1996

• What is a “Discount Rate”?

  March 1, 1996

Earnings of Aboriginal peoples

• Estimating the Income of an Aboriginal Plaintiff: Recent Evidence

  December 1, 2013

Earnings, prediction of

• Selecting the Productivity Factor

  August 1, 2019

• The Impact of a Mid-Career Change on Earnings

  December 12, 2018

• Are Data from the 2011 Census Reliable?

  March 1, 2016

• Mathematical Mistake: Averaging Multiple Statistical Sources Together to Form One “Overall” Average Income Figure

  March 1, 2008

• The Impact of Childhood Sexual Abuse on the Educational Attainment and Adult Earnings of Canadian Women

  September 1, 2007

• Using the HALS/PALS data sets to estimate a loss of income

  March 1, 2007

• Death and Retirement: Allowing for Uncertainty

  September 1, 2005

• Estimating the Impact of Mid-Career Retraining

  June 1, 2005

• Using family background to Predict Educational Attainment in Canada

  September 1, 2004

• Forecasting the Rate of Growth of Real Wages (Productivity)

  March 1, 2004

• Predicting post-secondary education attainment

  June 1, 2003

• The impact of parental divorce or death on adolescents’ education & earnings

  June 1, 2003

• The Connection between Labour Productivity and Wages

  June 1, 2002

• Combining Occupational Options

  June 1, 2000

• Rates of Return to Advanced Education in Alberta

  September 1, 1999

• The MacCabe Judgment: Allowing the Use of Earnings Statistics for Males When Estimating the Future Income of a Female

  September 1, 1998

• Using Industry Growth Rates to Update Census Occupational Earnings Figures

  September 1, 1998

• The Effect of Alcoholism on Earning Capacity

  June 1, 1998

• Economic and Employment Prospects of the Disabled

  June 1, 1997

• The Children of Immigrants – How Do They Fare?

  June 1, 1997

• Issues in Loss of Income Calculations for Self-Employed Individuals

  June 1, 1997

• Predicting the Adult Earning Capacity of Minors

  March 20, 1997

• The “Lost Years” Deduction

  March 1, 1997

• Do Sons Follow their Fathers?

  March 1, 1996

Economics and the law

• Assessment of damages in wrongful birth cases

  June 1, 2003

• Experience-Rating of Automobile Insurance: A Good Idea that Won’t Work

  June 1, 2003

• Duty to Care for Orphaned Minors

  June 1, 2002

• The awarding of costs and payment of legal fees in a case brought before the Court: is there a potential injustice?

  December 1, 2001

• Destruction of evidence

  December 1, 2001

• Case Comment: Boston v. Boston

  June 1, 2001

• Case Comment: Madge v. Meyer

  June 1, 2000

• Duty of Care

  December 1, 1998

• The Economics of Negligence Rules

  September 1, 1998

• Applying Economic Analysis to Tort Law

  June 1, 1998

• The Role of the Expert Witness in Developing “New” Law

  March 1, 1998

• D’Amato v. Badger – Complications Arising when the Plaintiff is a Business Partner

  December 1, 1997

• The “Lost Years” Deduction

  March 1, 1997

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

  June 1, 1996

• Shortened Life Expectency: The “Lost Years” Calculation

  March 1, 1996

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

  March 1, 1996

Education, prediction of

• Injured, Yet Better Off?

  June 20, 1999

Expert witnesses

• Testifying in Singapore

  June 1, 2009

• Examination of Expert Witnesses

  December 1, 2008

• The Reliability of Statistical Evidence Concerning the Impact of Disability

  December 1, 2004

• Statement of Ethical Principles and Principles of Professional Practice – National Association of Forensic Economics

  December 1, 2004

• Evidence About “Customary Practice”

  March 1, 2001

• Advice for Experts Facing Cross-Examination

  June 1, 1999

• The Role of Expert Evidence

  June 1, 1999

• On “Format of Expert Evidence of Economic Loss of Damages”

  March 1, 1999

• Drawbacks to the Use of “Preliminary” Estimates

  September 1, 1998

• Doctors Are Not Experts on Life Expectancy

  June 1, 1998

• The Role of the Expert Witness in Developing “New” Law

  March 1, 1998

• The Role of the Occupational Therapist in Personal Injury Litigation – Part 2

  December 1, 1997

• The Role of the Occupational Therapist in Personal Injury Litigation – Part 1

  March 1, 1997

Farmers, incomes of

• Case Comment: Madge v. Meyer

  June 1, 2000

Fatal accident claims

• Cross versus Sole Dependency in Fatal Accident Actions

  March 1, 2016

• The Dependency Rate as a Percentage of After-tax Income: Canada 2008

  June 1, 2014

• Fatal Accident Calculations Under the New Legislation

  September 1, 2007

• Fatal Accident Dependency Calculations

  December 1, 1999

• Calculation of the Dependency Rate in Fatal Accident Actions

  December 1, 1996

Household services

• The Cost of Household Services, Alberta, 2018: A Survey

  December 12, 2018

• The Cost of Household Services, Alberta 2014: A Survey

  March 1, 2015

• The Cost of Household Services, Alberta, 2010: A Survey

  September 1, 2011

• The Cost of Household Services, Alberta, 2006: A Survey

  June 1, 2006

• Claims by Elderly Parents for Loss of Caregiving by Adult Children

  September 1, 2005

• An Alternative Method for Assessing the Value of Housewife Services

  March 1, 2004

• Outstanding Issues in the Valuation of Household Services

  March 1, 1998

• Determination of the Hourly Cost of Household Services

  December 1, 1997

• Notable Judgments in the Valuation of Household Services

  September 1, 1997

• Determination of Contribution to Household Services

  March 1, 1997

• The Valuation of Household Services – Conceptual Issues

  December 1, 1996

• Adjusting Claims for Hours Devoted to Household Chores

  June 1, 1996

Loss of earnings

• ACTLA Presentation – Loss of Income for Self-Employed Plaintiffs

  April 8, 2021

• ACTLA Presentation – Without- and With-accident income: Total Compensation

  April 8, 2021

• Are Data from the 2011 Census Reliable?

  March 1, 2016

• The Impact of Childhood Sexual Abuse on the Educational Attainment and Adult Earnings of Canadian Women

  September 1, 2007

• Increased Earnings After Injury

  September 1, 1999

• Injured, Yet Better Off?

  June 20, 1999

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

  June 1, 1996

Male/female earnings gap

• Estimating non-discriminatory lifetime earnings for young females

  March 1, 2006

• Male Versus Female Earnings – Is the Gender Wage Gap Converging?

  March 1, 2002

• The MacCabe Judgment: Allowing the Use of Earnings Statistics for Males When Estimating the Future Income of a Female

  September 1, 1998

• Using Male Earnings Data to Forecast the Future Income of Females

  September 1, 1997

Other issues

• The Effect of Incarceration on Future Earnings

  June 1, 2016

• Are Data from the 2011 Census Reliable?

  March 1, 2016

• Economica’s Privacy Policy

  March 1, 2004

• Why have automobile insurance premiums been rising?

  December 1, 2003

• Policies to deal with rising premiums

  December 1, 2003

• Management fees

  December 1, 2002

• What is Econometrics?

  December 1, 2000

Retirement

• Factors that Influence Retirement

  September 1, 2011

• The Impact of Poor Health on Retirement Age

  September 1, 2007

• Death and Retirement: Allowing for Uncertainty

  September 1, 2005

• Retirement trends in Canada

  March 1, 2003

• Complementarity in the Retirement Behaviour of Older Married Couples: An Update

  March 1, 2002

• Spousal Influence on the Decision to Retire

  March 1, 1997

Reviews, books and software

• Addendum: Calculating After-Tax Income Using Tables on Diskette

  June 1, 2004

• Software Review: Personal Injury Damages Partner (Carswell)

  June 1, 1998

• BOOK REVIEW: The Expert: A Practitioner’s Guide, (Carswell) 1997

  March 1, 1998

• BOOK REVIEW: John Barnes, Sports and the Law in Canada, 3rd Edition (Butterworths: Toronto) 1996

  March 1, 1997

Self-employed and business income

• ACTLA Presentation – Loss of Income for Self-Employed Plaintiffs

  April 8, 2021

• Under-reporting of Income by the Self-Employed

  December 1, 2002

• Mitigation vs. Rights in Self-Employed Cases

  December 1, 1998

• D’Amato v. Badger – Complications Arising when the Plaintiff is a Business Partner

  December 1, 1997

• Issues in Loss of Income Calculations for Self-Employed Individuals

  June 1, 1997

• Forecasting the Earning Capacity of Self-Employed Individuals

  June 1, 1996

Sexual abuse

• The Impact of Childhood Sexual Abuse on the Educational Attainment and Adult Earnings of Canadian Women

  September 1, 2007

• Evaluation of Harm to a Class of Individuals

  December 1, 2000

• Recent Canadian Court Decisions Concerning the Impacts of Child Sexual Abuse on Earnings

  December 1, 1999

• The Calculation of Damages in Sexual Abuse Cases

  September 1, 1999

Structured settlements

• The Cost of Managing the Expenditures of a Plaintiff with Reduced Mental Capacity

  December 11, 2018

• The Cost of Managing the Plaintiff’s Investments

  December 11, 2018

• Implied Rates of Return on Structured Settlements

  December 1, 2012

• Timing, Turning Bad into Good

  September 1, 1998

• Not All “Bears” Are Bordering Extinction

  June 1, 1998

• Structured Settlement Assignments

  September 1, 1997

• Structured Settlements: Case Suitability

  June 1, 1997

• Lost Years Maybe, Lost Care – Never

  March 1, 1997

• Annuity Concepts (Continued)

  June 1, 1996

• The Annuity Solution to Fund Cost of Future Care

  March 1, 1996

Survival of Actions Act

• Millott (Estate) v. Reinhard – Reconciling “dependency” claims under FAA with “estate claims” under SAA

  June 1, 2002

• The Deduction for “Expenses Related to Earning Income” in Rewcastle

  September 1, 2001

• The Deduction of Accelerated Inheritance

  June 1, 2001

• The Deduction (?) of “Accelerated Inheritance” (Scott Beesley’s view)

  June 1, 2001

• Avoiding Overlap Between Fatal Accident Act and Survival of Actions Act Claims

  June 1, 2001

• Estate Claims Following the Appeal Court Decisions in Duncan and Brooks

  March 1, 2001

• The Current Status of Survival of Actions Act Claims

  September 1, 1999

• Issues Arising in the Calculation of Damages under the Survival of Actions Act (Part 2)

  March 1, 1999

• Issues Arising in the Calculation of Damages Under the Survival of Actions Act (Part 1)

  December 1, 1998

• Unresolved Issues in the Valuation of Estate Claims Under Survival of Actions

  March 1, 1998

• Implications of Duncan v. Baddeley

  June 1, 1997

• Damage Calculations in Fatal Accident Actions After Galand

  September 1, 1996

• Fatal Accident Cases After Galand

  June 1, 1996

Uncategorised

• Cost of Household Services: Survey 2024

  March 20, 2024