Category Archives: Articles

“In Trust” Claims

By Ian Aikenhead, Q.C. Courts make in-trust awards as a separate head of damage, to compensate the plaintiff’s individual family members for their housework, nursing, and domestic assistance to the injured plaintiff. This award of damages is distinct from an … Continue reading

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General Damages for Pain and Suffering, or Non-Pecuniary Damages

By Ian Aikenhead, Q.C. When a person is injured they will be entitled to different kinds of damages from the court.  The first is general damages for pain and suffering, or what the courts call “non-pecuniary damages” because they are … Continue reading

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Cost of Future Care

By Ian Aikenhead, Q.C. The test for establishing a claim for cost of future care has been stated as follows: The test for determining the appropriate award under the head of cost of future care, it may be inferred, is … Continue reading

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Loss of Future Income-earning Capacity

By Ian Aikenhead, Q.C. Damages for loss of future earning capacity are awarded usually in cases in which the plaintiff’s injuries result in permanent physical disabilities or permanent intellectual deficits. However, it is not only continuing physi­cal or intellectual limitations … Continue reading

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Loss of Income-earning Capacity

By Ian Aikenhead, Q.C. Loss of income-earning capacity is the correct legal term and concept for what is commonly referred to as past and future loss of income. A claim for loss of income-earning capacity is based on hypothetical events, … Continue reading

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Thin Skull versus Crumbling Skull

By Ian Aikenhead, Q.C. One of the principles of personal injury law is that the persona who caused the injury must take the victim as he finds him (Dulieu v. White, [1901] 2 K.B. 669 at 679 (D.C.)): If a … Continue reading

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Contingencies

By Ian Aikenhead, Q.C. In order to assess future loss in the most realistic way possible, the court should apply contingencies to take into account the uncertainty of pre­dicting the future and the chance that the assumptions on which the … Continue reading

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