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The Court of Appeal dismissed an appeal and cross-appeal arising from motor vehicle injury claims, upholding findings on causation, indivisibility, and damages.
The Court of Appeal dismissed a motor vehicle injury appeal and cross-appeal, upholding a $120,000 award for loss of future earning capacity based on chronic pain and likely early retirement.
Le tribunal a conclu que les blessures issues de deux collisions étaient indivisibles, a réparti la faute entre les parties et a accordé 625 062,10 $ en dommages-intérêts.
The Tribunal refused the parties' blanket request to bifurcate all three complaints into six hearings because bifurcation would be disproportionate, inefficient, risk significant delay and scheduling complexity, and would not ensure accurate apportionment of damages; instead the Tribunal ordered a sequenced case management approach (GAC hearing proceeds with full presentation of liability and remedy evidence but with final mitigation and loss calculations to be resolved after the IRCC decision; IRCC heard after GAC; PSPC heard after IRCC; Tribunal reserves jurisdiction to apportion damages an…
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The Tribunal refused the parties' joint request to bifurcate all three complaints into separate liability and remedy hearings because bifurcation would be disproportionate, inefficient, and an unreasonable use of Tribunal resources; instead the Tribunal ordered a sequential hearing plan driven by factual overlap (GAC heard first with full presentation of liability and remedy evidence but with final remedy determinations on mitigation and loss deferred until after the IRCC decision, IRCC heard next with full liability and remedy findings subject to limited reservation for future-loss apportion…
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Liability was admitted, and the court awarded damages for chronic headaches, neck pain, past income loss, special damages, and housekeeping loss.
Appeal dismissed from a personal injury damages award. The Court upheld findings that accident-related injuries justified retirement and supported past and future income loss awards.
The appeal was dismissed because the trial judge’s unchallenged and well‑supported factual findings — notably adverse credibility and reliability assessments of the appellant and the finding that the business closure resulted from a breakdown in the father‑son relationship rather than the accident — negated causation for lost income and diminished earning capacity; alternatively the judge correctly found failure to mitigate. No error of law or demonstrable basis for appellate interference was shown.
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Trial judgment in a motor vehicle injury case awarding $136,614.21 in damages, including non-pecuniary loss, future care, housekeeping, and special damages.
Because the defendant did not object to the hearsay medical and opinion evidence and no defence had pleaded novus actus interveniens, the court admitted the evidence, applied relevant authorities, and assessed damages: general damages $30,000, interest and specific monetary awards for past income, subrogated DOH claim, valuable services and costs; disbursements to be clarified and submitted for approval.
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