In Padgham v. Ram, 2025 BCCA 100, Robert Brun, K.C., Jennifer Brun, K.C., and Colton Winiarski were successful for the respondents in the BC Court of Appeal. The appeal was regarding a trial court finding that a 70% reduction in damages should be applied to the appellant’s damages award. The appeal arose from an assessment of damages following a motor vehicle accident. The respondents had admitted liability but at trial, the judge reduced several heads of damage, including special damages, by 70% based on a finding that the appellant had failed to mitigate her losses by not taking advantage of…
Category: Appeals and Judicial Review
May 4, 2021
Harris & Brun Successful at B.C. Court of Appeal Regarding Future Loss of Earnings
Harris & Brun
Jennifer Brun and Robert Brun, QC were successful on appeal regarding the use of gender-based statistics and assessment of the overall fairness and reasonableness of loss of capacity awards.
On January 27, 2017, Mr. Justice Funt of the Supreme Court of British Columbia overturned a master’s decision, which had incorrectly held that the court has no power to order a Plaintiff to sign a reasonable consent to treatment form. I acted as counsel representing the Defendants. His Lordship ruled that the courts of British Columbia most certainly CAN make such an order to give effect to the Supreme Court Civil Rules, including the right of a Defendant in a personal injury action to compel the Plaintiff to attend a medical assessment with the expert of his or her choice…