Chau v. Courchesne

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca345, 2026 bcca 345 (canlii), 2026, bcca, 345, (canlii), ca49500, 2026, civil liability, motor vehicle accident, appeal, damages, whether trial judge committed reviewable error in damages assessment, trial judge found defendant 100% responsible for the accident, appeal allowed on the sole ground of loss of future earning capacity, other grounds of appeal dismissed and cross appeal dismissed, appeal allowed in part, cross appeal dismissed, civil liability, contributory negligence, seatbelt, causation, whether failure to wear an available and functioning seatbelt contributed to injuries, correct test for contributory negligence and “but for” causation considered, athey v. leonati, appellants’ burden not met on balance of probabilities, defence of contributory negligence must fail, ground of appeal dismissed, civil liability, damages, loss of future earning capacity, whether award commenced with figures based on factual projections rejected, ploskon, ciesla v. brophy framework applied, base salary assumption corrected and general contingency reduction applied, residual earning capacity reduction maintained, trial award varied on appeal, award reduced, civil liability, damages, cost of future care, medical justification and reasonable necessity, gignac v. insurance corporation of british columbia framework applied, whether limiting award to five years was an error despite condition likely permanent, burden to prove necessity over longer period not discharged, no reviewable error identified, challenge dismissed, civil liability, damages, mitigation, medication overuse, whether appellants proved unreasonable conduct and extent damages would have been reduced, pearson v. savage, evidence that headaches could be caused by over, the, counter pain medication overuse considered, no evidence reduction would have improved headaches found on record, no reviewable error, ground of appeal dismissed