Sentences with phrase «of past wage loss»

Iannone stands for the proposition that the plaintiff has the burden of leading evidence of past wage loss and that it will be a difficult burden to discharge where there is no confirmatory evidence, such as income tax returns, to establish that the amount claimed would, in fact, have been earned.

Mr. Calder agrees the plaintiff is only entitled to net past wage loss but argues that the award to replenish the sick bank is the gross amount of past wage loss, not the net amount.

Not exact matches

So U.S. consumer spending will fall because of (1) no more easy mortgage or credit - card credit, (2) debt deflation as consumers repay past borrowing, «crowding out» other forms of spending, and (3) downsizing and job losses lead to falling wage income.

They are going to be able to collect for past and future medical bills, reasonable, necessary, and costly related medical bills, past and future wage loss, past and future pain and suffering, as well as impairment of the ability to work or earn money in the future if a person is previously employed, and in certain cases, punitive damages.

[57] The information sought by the defence in this case may have significant probative value in relation to the plaintiff's past and future wage loss, and the value of production is not outweighed by competing interests such as confidentiality and the time and expense required for the party to produce the documents.

• Past and future medical expenses • Past and future wage loss • Lost earning capacity • Loss of financial benefits • Pain and suffering • Loss of consortium claim by your sploss • Lost earning capacity • Loss of financial benefits • Pain and suffering • Loss of consortium claim by your spLoss of financial benefits • Pain and suffering • Loss of consortium claim by your spLoss of consortium claim by your spouse

The court also made an award for past wage loss, past loss of overtime opportunities and loss of future earnings.

A seaman may also seek compensation for economic losses such as past wage loss and loss of future earning capacity.

The case result of $ 730,000 covered our client's past and future medical damages, wage loss, and pain and suffering.

Economic damages that may be recovered include medical and hospital bills, past wage loss, future loss of earning capacity, services replacement expenses and other out of pocket financial burdens.

Mr. Justice Skolrood agreed that Ms. Sohal, a 53 years old widow, was entitled to a pain and suffering award of $ 80,000, as well as $ 44,000 in past wage loss from her job as a cook, and a further $ 75,000 for loss of future income earning capacity on the basis that she may need to retire earlier than planned due to her ongoing chronic pain.

This includes past and future medical expenses, past and future wage loss, the cost of hiring someone to do household work if a plaintiff is unable to do that work due to injuries, and earning capacity.

In a car accident lawsuit, damages include past and future physical pain and suffering; mental pain and suffering; medical expenses; wage loss; and loss of the ability to earn income.

They assert this position to preserve an ability to argue the issue in another forum as counsel for the defendants otherwise concedes that this Court is bound by Iannone v. Hoogenraad (1992), 66 B.C.L.R. (2d) 106 (C.A.), leave to appeal dismissed [1992] S.C.C.A. No. 185, which holds that failure to declare tip income is no bar to the recovery of undeclared tips as past wage loss.

• Past medical expenses • Future medical expenses • Past wage loss • Future loss of earnings • Loss of earning capacity • Emotional trauma • Pain and suffering • Loss of consortium • Punitive damages in some closs • Future loss of earnings • Loss of earning capacity • Emotional trauma • Pain and suffering • Loss of consortium • Punitive damages in some closs of earnings • Loss of earning capacity • Emotional trauma • Pain and suffering • Loss of consortium • Punitive damages in some cLoss of earning capacity • Emotional trauma • Pain and suffering • Loss of consortium • Punitive damages in some cLoss of consortium • Punitive damages in some cases

Mr. Gibb notes that the plaintiff is only entitled under the provisions of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, to recover net past wage loss and that income tax contributions and Employment Insurance premiums are to be deducted from the gross earnings to determine net past wage loss.

These may include — but are not limited to — past wage loss and loss of future earning capacity, past and future loss of fringe benefits, physical disfigurement, physical pain and suffering.

In my view, the purpose of an award for past wage loss is to compensate the plaintiff for what she actually lost as a result of the MVA.

Several heads of damages may come into play in assessing the value of your claim, including damages for pain and suffering, out - of - pocket expenses like parking and mileage to and from treatment, past wage loss, loss of future earning capacity or lost opportunities to earn income, loss of housekeeping capacity, and costs of future medical care.

In the British Columbia Court of Appeal decision in Laxdal v Robbins, the Court clarified how net past wage loss is to be determined.

If you are injured through the fault of another motorist in BC and advance a tort claim with ICBC can you receive damages for future wage loss even if you have sustained no past wage loss by the time of settlement or trial?

We have helped hundreds of workers in a wide range of industries recover compensation for all of their injuries, including wage loss, past and future medical bills, and pain and suffering.

Assessing your wage loss, whether it is a simple calculation or an accumulated loss of business, the personal injury lawyers at Warnett Hallen will find the evidence and present a strong claim for past wage loss as part of your ICBC injury claim.

In the Supreme Court of Canada decision in Cooper v. Miller, 1994 1 SCR 359, the issue again was whether wage loss payments under an insurance program offered as an employment benefit to unionized employees pursuant to a collective agreement could be deducted off a past wage loss award.

With respect to this question, the Supreme Court of Canada in B. (M.) v. British Columbia, 2003 SCC 53, has held that social assistance benefits are a form of wage replacement and are to be deducted from a past loss of earnings award.

McLachlin, J. held that, generally, wage benefits paid while an individual is unable to work must be deducted from a claim for past loss of earnings.

Depending on the particular facts and on the forum, the monetary awards compensate the victim for: past and future wage loss; general damages (compensation for pain and suffering); specific losses, such as intentional infliction of mental suffering or assault; aggravated damages (in the context of employment law, often relating to the manner in which the employer dismissed the employee); and punitive damages (a monetary award intended to punish the wrong - doer rather than to compensate the victim).

For Saunders J.A., the evidence of the appellant's work colleagues, combined with his own, would support the claim for past wage loss and the possibility of a claim for future wage loss on the «capital asset approach» (à la Brown v. Golaiy (1985), 1985 CanLII 149 (BC SC), 26 B.C.L.R. (3d) 353 (S.C.)-RRB-.

I was very pleased with how Joe represented me and I had complete faith in his ability to ensure I was properly compensated for my brain injury, past and future wage loss, cost of future care and other expenses.

In a personal injury claim, damages include past and future physical pain and suffering; mental pain and suffering; medical expenses; wage loss; and loss of the ability to earn income.