(British Columbia Court of Appeal) The court rejected a claim for damages for a suicide after the deceased claimant had suffered injury in a road collision because the conscious decision of the deceased to take her own life had occurred without any ‘disabling mental illness’ indicative of ‘an incapacity in her faculty of volition’; ‘she made a conscious decision, there being no evidence of disabling mental illness to lead to the conclusion that she had an incapacity in her faculty of volition.’
Citations:
(1992) 88 DLR (4th) 698, 1992 CanLII 1020 (BC BA), [1992] 3 WWR 611, (1992), 64 BCLR (2d) 113
Links:
Jurisdiction:
Canada
Cited by:
Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Approved – Corr v IBC Vehicles Ltd HL 27-Feb-2008
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Negligence, Damages
Updated: 19 July 2022; Ref: scu.240046