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 Derek Aldridge
  • 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.
• Forecasting the Earning Capacity of Self-Employed Individuals
  • by Denise Froese
  • In this article Denise Froese introduces Statistics Canada’s Small Business Profiles, a source of information concerning the earnings of self-employed business owners.
• Annuity Concepts (Continued)
  • by Heber G. Smith
  • In this article Heber Smith continues his series on structured settlements with a note concerning the “non-commutable” nature of an annuity.
• Distinguishing Between Loss of Income and Loss of Earning Capacity: The B.C. Case of Pallos v. I.C.B.C.
  • by Scott Beesley
  • 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.”