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Trial judgment from a rear-end collision claim awarding the plaintiff damages for pain and suffering, diminished earning capacity, future care and special damages.
No liability: plaintiff failed to establish an untrue or misleading representation or a concrete undertaking by the Bank prior to the diagnosis that rendered Margaret uninsurable; the Bank took reasonable steps to respond to the December 3, 2001 instruction (telephone attempts and a January 9 voicemail) and therefore did not negligently perform any service or make a negligent misrepresentation; claim dismissed.
Source excerpt
Appeal dismissed because respondents owed no duty of care to appellants: although harm was foreseeable, the required proximity was absent and recognition of the proposed duty would create indeterminate liability and other adverse policy consequences; therefore negligence recovery for the appellants’ pure economic loss was precluded.
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Motor vehicle damages assessment where the plaintiff proved injury-related impairment, but failed to prove past or future loss of earning capacity.
The Court of Appeal increased future economic loss damages, finding the trial judge underestimated impaired earning capacity and relationship-related loss, but upheld non-pecuniary damages.
The Supreme Court of Canada held that Arbor could not recover pure economic loss for injury to its key shareholder-employee, but restored D’Amato’s loss of earning capacity award.
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