|
Samples of judgments involving cases in which our opinions have been upheld
June 8, 2010
Dr. Anton, Mr. Nordin, Dr. Anderson and other experts who testified also expressed concern whether the plaintiff would be able to hold onto jobs... Furthermore, vocational counsellor Mr. Nordin cited his experience working with hundreds of brain-injured clients. He said that many are able to perform relatively well at school or even in a university setting, but not in a competitive work situation... Mr. Nordin commented on the statistically lower rates of employment that people with disabilities experience, his experience of employer's reluctance to hire people with brain injuries, and his experience that people with brain injuries have difficulty maintaining employment.
Total $1,486,287.16
Mr. Justice N. Brown, The Supreme Court of British Columbia
Adrianna Cikojevic
v. Ryan Timm
April 9, 2009
The only vocational expert to testify at trial was Mr. Derek Nordin of the Vocational Consulting Group, on behalf of the plaintiff. Mr. Nordin clearly explained why there will be no jobs available to an individual such as Eric... Mr. Nordin states that to the extent such areas are problematic for Eric, they would further negatively impact his opportunities for employment. Based on Mr. Nordin's analysis, Eric will not be competitively employable... The "sad reality" as envisaged by Dr. Hahn, Dr. Kaushansky, and Ms. Duke is clearly borne out in the analysis of Mr. Nordin.
Total $4,045,000
Mr. Justice Groves, The Supreme Court of British Columbia
Eric Victor Cojocaru (Guardian Ad Litem) and Monica Cojocaru
v. British Columbia Women's Hospital
January 19-23 and 26, 2009
I accept the opinion of Mr. Nordin that based on his testing, Mr. Tchao is capable of attending college and upgrading his education in a manner that will increase his employability, notwithstanding his poor performance at Kwantlen Polytechnic University.
...I accept the opinion of Mr. Nordin that with completion of appropriate school programs, Mr. Tchao would be in a position either to explore starting his own business, or to work in occupations such as a general office clerk ($41,750 per annum), a bookkeeper ($47,450 per annum), payroll clerk ($49,900 per annum) or banking or insurance clerk ($47,900 per annum), though his condition will likely render him less easily employable in such jobs. I consider that his opportunities would have been greater but for the accident.
Total: $276,504.46.
Mr. Justice Grauer, The Supreme Court of British Columbia
Jonathan Tchao and Cassandra Nieman
v. Russ Matthew Bourdon
October 1, 2007
Derek Nordin conducted a vocational assessment and concluded that Mr. Erickson was not a candidate for retraining.
...I accept Mr. Nordin's opinion that, in the long term, Mr. Erickson may not retun to the competitive work force at all.
Total $478,306.70
Madam Justice B.J. Brown, The Supreme Court of British Columbia
Nels Alex Erickson
v. Robert Bowie
June 7-11 and 14-16, 1999
I accept that the plaintiff's future earning capacity is severely limited by
her chronic pain and that management of this pain involves dependence
upon medication. This in turn restricts her ability to both retrain and
discharge employment duties. As indicated earlier in this judgment, while
that depressing conclusion might change if some magic multidisciplinary
approach can be found, none presently exists and no one has offered any
evidence that it may evolve. In the result, the plaintiff's future earning
capacity is limited as described by Mr. Nordin.
Total $772,143.00
Mr. Justice R. A. McKinnon
Lorraine Zylstra
v. Laura Hughes
February 1-26 and March 8-11, 1999
I accept Mr. Nordin's opinion that he [Mr. Reilly] may be able to do
part-time work not of a legal character if he can find a sympathetic
employer to give it to him. Such work generally pays little and usually is
not permanent....For loss of earning capacity, I award damages of
$2,600,000.00."
Mr. Justice G.R.B. Coultas
Robert Duffy Reilly v. Michael W. Lynn
January 7-9, 1991
I find that the summary of Mr. Nordin's opinion is one that I accept
witout reservation. She will need a job that will be sedentary, that is to
say, light work together with an understanding employer.
...I am making an award for pain, suffering, loss of amenities of life in the sum of $160,000.
Mr. Justice Lander, The Supreme Court of British Columbia
Danna Leanne Wright and Marilyn Kathleen Wallsmith
v. Richard Michael Mason
|