Case Law

On August 10, 2020 Section 12 of the Evidence Act was revised to restrict the number of expert reports that may be tendered in what is defined in the Act …

Drunk driver and host establishment found liable for plaintiff’s catastrophic injuries including severe traumatic brain injury

Award for mild traumatic brain injury, psychological and soft tissue injuries exceeds $1.1 million.

Even though the plaintiff in this case was forced to make a career change that actually resulted in increased remuneration, the judge awarded them $115,000.

Firefighter unable to return to full duties is awarded $750,000.00 for loss of future earning capacity.

This case requires consideration of the “crumbling skull” versus “thin skull” principles and the application of any general or specific contingencies to that assessment, where the Plaintiff has a complex medical history.

Locomotive engineer has not been accommodated by his employer, CN Rail. Judge awards $650,000.00 for loss of earning capacity.

Judge orders Plaintiff to attend Defendants’ medical assessments in person despite Covid-19 pandemic. Mierzejewski v. Brook 2021 ONSC 2295

Judge finds plaintiff’s pre-existing condition was stable and applied the “thin skull” principle . Basi v. Xia 2021 BCSC 1324

Judge finds whiplash injury progressed to chronic pain syndrome and was made worse by depression. Mason v Thompson 2020 ABQB 76