Scarff v. Wilson, [1989] 2 S.C.R. 776

Virginia Allison Scarff, an infant by her next friend, Daphne Rose Scarff Appellant

and

Gordon Bruce Wilson, G. Wilson Construction Co. Ltd., and Donna Jesse Respondents

indexed as: scarff v. wilson

File No.: 21329.

1989: May 24; 1989: September 28.

Present: Dickson C.J. and Lamer, Wilson, La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory and McLachlin JJ.

on appeal from the court of appeal for british columbia

Torts -- Damages -- Award for future care -- Taxation -- Impact of taxation may be taken into account in calculating amount of award for future care.

Cases Cited

Followed: Watkins v. Olafson, [1989] 2 S.C.R. 000.

APPEAL from a judgment of the British Columbia Court of Appeal (1988), 1988 CanLII 180 (BC CA), 33 B.C.L.R. (2d) 290, 47 C.C.L.T. 109, dismissing an appeal from a judgment of Cumming J. (1986), 1986 CanLII 745 (BC SC), 10 B.C.L.R. (2d) 273, 39 C.C.L.T. 20. Appeal allowed.

John Laxton, Q.C., for the appellant.

Edgar Sexton, Q.C., and Avon Mersey, for the respondents.

//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.