Hyperlawhypertext legal database Scarff v. Wilson [1989] 2 SCR 776

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Scarff v. Wilson

[1989] 2 SCR 776 Court SCC Decision date 1989-09-28 Docket 21329 English

PartiesVirginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff Appellant·Gordon Bruce Wilson, G. Wilson Respondents·Construction Co. Ltd., and Donna Jesse Respondents

Judges Dickson, Robert George Brian; Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley

Delivered by Judgment of the Court — MCLACHLIN J.

On appeal from British Columbia

Subjects Torts

Contents

Judgment of the Court — MCLACHLIN J.

The judgment of the Court was delivered by

MCLACHLIN J. -- The only issue on this appeal is whether it is open to the Court to take the impact of taxation into account in calculating the amount of the award for future care. For the reasons set out in Watkins v. Olafson, [1989] 2 S.C.R. 000, I would answer that question in the affirmative and allow the appeal. The matter is remitted to the Supreme Court of British Columbia for determination of the amount which should be added to the award on account of taxation. The plaintiff is entitled to costs throughout on the issue raised in this appeal.
Appeal allowed with costs.
Solicitors for the appellant: Laxton, Pidgeon & Company, Vancouver.
Solicitors for the respondent Donna Jesse: Lyall McKercher Hanna, Vancouver.
Solicitors for the respondents Gordon B. Wilson and G. Wilson Construction Co. Ltd.: Guild, Yule, Lane, Sullivan, MacKenzie & Holmes, Vancouver.

Cases cited

  • Watkins v. Olafson 2 S.C.R. 000