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Trial judgment in a motor vehicle personal injury claim. The court found the accident caused vestibular injury, headaches, neck pain and anxiety-related adjustment disorder, and awarded damages.
Motor vehicle accident judgment awarding the plaintiff $1,606,463.94 in damages, including non-pecuniary loss, past and future earning capacity, future care, and special damages.
The Federal Court struck two expert affidavits that gave opinions on domestic law, holding they were inadmissible and unnecessary under the Mohan framework.
The Court of Appeal upheld the trial judge: the defendant breached the standard of care by failing to perform an indicated endometrial biopsy; on the balance of probabilities uLMS was likely present in May 2009 and a biopsy then would likely have detected it, improving prognosis; the risk of undetected uterine pathology and resulting serious harm was foreseeable; the trial judge properly preferred the respondents' experts and did not commit reversible error; appeal dismissed.
Source excerpt
The Court of Appeal dismissed an appeal from a summary-trial damages award for property damage, holding the judge could fairly assess quantum on the evidence.
Family law trial on parenting, child protection, support, and property division. The court ended supervised access, ordered joint guardianship, and rejected the respondent’s late expert evidence.
Rear-end motor vehicle accident damages judgment awarding the plaintiff $236,213.63 for pain, future earnings, future care, housekeeping loss, and special damages.
Liability was admitted for a motor vehicle collision. The court found chronic soft tissue and TMJ injuries, and awarded damages for pain, earning capacity, special damages, and future care.
The trial judge properly exercised gatekeeper discretion to exclude speculative expert evidence that would not assist on the ultimate issue; the propounder, facing a displaced presumption due to suspicious circumstances, proved on a balance of probabilities that the wills were duly executed and that the testator had testamentary capacity and knowledge and approval on March 9, 2009; the appeal is dismissed.
Source excerpt
The court found the defendant’s admitted negligence caused ongoing pain, fatigue, reduced smell and taste, and some cognitive effects, and awarded damages to the plaintiff.
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