Case information
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41888
Cory McPhail v. Kyle Ross
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-04-20 |
Motion for reconsideration of the application for leave to appeal, (Book Form), Missing: -Proof of service -MOA -Affidavit in Support, Incomplete |
Cory McPhail |
| 2026-03-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-03-19 | Judgment on leave sent to the parties | |
| 2026-03-19 |
Judgment of the Court on the application for leave to appeal, The time to serve and file the reply is extended pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA49308, 2025 BCCA 139, dated April 30, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-01-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-09-25 |
Applicant's reply to respondent's argument, (Book Form), Missing: -Proof of service -Motion to extend time -Signature, Completed on: 2026-01-27 |
Cory McPhail |
| 2025-09-16 | Correspondence received from, (Letter Form), (Printed version due on 2025-09-23) | Cory McPhail |
| 2025-08-29 | Book of authorities, (Book Form), Completed on: 2025-08-29, (Printed version filed on 2025-09-03) | Kyle Ross |
| 2025-08-29 | Notice of name, (Letter Form), (Printed version filed on 2025-09-03) | Kyle Ross |
| 2025-08-29 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Electronic version filed on 2025-09-03) | Kyle Ross |
| 2025-08-29 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: Proof of service (Received 2025-09-17), Completed on: 2025-09-17, (Printed version filed on 2025-09-03) |
Kyle Ross |
| 2025-07-07 | Letter advising parties of an incomplete application for leave to appeal | |
| 2025-06-30 |
Certificate (on limitations to public access), (Letter Form), 23A; - Amended version is required; |
Cory McPhail |
| 2025-06-30 |
Application for leave to appeal, (Book Form), Missing: -Proof of service (delivery confirmation or acknowledgement of receipt R.20) (moot); -CA order; -Form 23A (amended or public access form); , Completed on: 2026-01-27 |
Cory McPhail |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| McPhail, Cory | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ross, Kyle | Respondent | Active |
Counsel
Party: McPhail, Cory
This party is not represented by counsel.
Party: Ross, Kyle
Counsel
925-1200 Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 682-1283
Email: MMilne@singleton.com
Summary
Keywords
Torts — Motor vehicles — Damages — Whether the courts below failed in applying the test of past lost wages, lost future earnings and earning capacity — Whether the courts below failed to consider evidence already before the court to make a finding of lost income and provide an award for pecuniary loss — Whether the Court of Appeal failed to admit and consider fresh evidence.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant was injured in a car accident in December, 2012 in Vancouver for which the respondent admitted liability. The initial trial judge found that the applicant had not proven there was a loss of income or that future care as a result of the motor vehicle accident was required. She awarded the applicant $35,000 in non-pecuniary damages to reflect some minor physical injuries and $2,475 in special damages. On appeal, the Court of Appeal found that the trial judge had overlooked expert evidence that the applicant had some lingering psychological symptoms caused by the accident. The matter was remitted to the trial court to reconsider damages in light of this evidence. The remittal judge found the evidence was not sufficient to prove the applicant’s claims for a loss of earning capacity and rejected a new claim for loss of marriageability. However, the remittal judge increased the non-pecuniary damages to $50,000 and awarded an additional $3,600 to cover future counselling sessions. On appeal, the applicant sought to introduce additional evidence from experts and argued that the remittal judge, trial judge and the Court of Appeal made several errors. The application to file fresh evidence was dismissed but the appeal was allowed and the award for non-pecuniary damages was increased to $60,000.
Lower court rulings
Applicant awarded $35,000 in non-pecuniary damages and $2,475 in special damages
L’appel est accueilli; l’affaire est renvoyée en première instance afin de réexaminer l’évaluation des dommages-intérêts à la lumière du témoignage d’un psychiatre.
Non-pecuniary damages increased to $50,000; Future cost of care increased to $6,075
Appeal allowed; Non-pecuniary damages increased to $60,000
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available