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Court Testimony from Experts @ BEC

Excerpt from Rhine v. Millan


[2000] A.J. No. 367 (QL) (Alta. Q.B.) [Ritter J., Judicial District of Edmonton].

206 With respect to remaining claim for damages, the parties have entered into an agreement. The agreement specifically states that it only addresses quantification. There is no agreement with respect to the legal principles that are appropriate for attributing particular items of damages between different causes, specifically Crohn's disease and it's complications, AVN and it's complications and MS and it's complications. Consequentially it is left to me to determine what portion, if any, of particular claims for damages is attributable to the Plaintiff's AVN condition.

207 With respect to past loss of income complaint, the parties agree that the values used by Cara Brown and contained in a report prepared by Ms. Brown and dated August 16th, 1999 are reasonable and should be accepted as the income that the Plaintiff could reasonably have been expected to earn in each of the years 1991 and 1999.

208 These amounts are based on part-time bookkeeping and other work done by the Plaintiff in the years preceding 1991. The amounts for the respective years are as follows: in 1991 - $2,362.00; 1992 - $2,426.00; 1993 - $2,466.00; 1994 - $2,470.00; 1995, $2,471.00; 1996 - $2,577.00; 1997 - $2,679.00; 1998 - $2,743.00; 1999 to date of trial - $2,426.00 for a total of $22,620.00.