John Laxton

The appellant appealed a decision regarding the calculation of an award for future care.

The sole issue was whether the court could take the impact of taxation into account when calculating the amount of the award.

Following the reasoning in Watkins v. Olafson, the Supreme Court of Canada held that the impact of taxation may be considered.

The appeal was allowed and the matter remitted to the Supreme Court of British Columbia to determine the amount to be added for taxation.

The appellant, a building contractor, entered into an agreement to complete a housing scheme and purchase lots.

To assist the development, the appellant advanced $52,500 to the respondent trustee earlier than required.

The respondent kept the funds for his firm's fees instead of forwarding them to the mortgagee as required by the agreement.

The appellant sued for conversion and breach of contract.

The Supreme Court of Canada restored the trial judgment in favour of the appellant, finding no evidence of an unambiguous promise by the appellant that would estop it from enforcing its strict legal rights.