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The court found a mild TBI and persistent post-concussion symptoms from a rear-end collision, with later crashes causing no lasting aggravation, and awarded $2,136,769 in damages.
The Court upheld the trial judge's findings that the AGC (Treasury Board) owed a duty of care as employer and pension administrator and that negligent misrepresentations and omissions caused the plaintiffs' losses and were reasonably relied upon; however the Court found the trial judge erred in limiting the Loba Parties' fiduciary duties to post-membership and in apportioning liability 80:20. The apportionment was adjusted to 60% fault for the AGC and 40% fault for the Loba Parties. David Luck’s appeal was dismissed for failure to prove net loss without evidence of pension impact. Costs deter…
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