Canada: Litigation, Mediation & Arbitration

The Supreme Court of Canada has issued two landmark companion cases that clarify and refine the Jordan framework governing trial delay in criminal proceedings.

The British Columbia Court of Appeal examines how courts should assess negative contingency deductions when plaintiffs have pre-existing health conditions, establishing critical evidentiary standards for reducing damages based on psychological vulnerability. This decision clarifies the burden defendants must meet to justify substantial reductions in personal injury awards and distinguishes between proving a contingency exists versus quantifying its likelihood.

When most people think of injuries resulting from accidents or negligence, they imagine visible harm -broken bones, lacerations, or other physical trauma. However, many injuries are far less visible, yet equally devastating.