TYPES OF DAMAGES - For personal injuries - Contingencies - Loss of earning capacity

Law360 Canada ( September 28, 2021, 5:52 AM EDT) -- Appeal by the defendants from the damages award, including $2,400,000 for future loss of income, granted to the 42-year-old respondent for injuries sustained in two motor vehicle accidents that occurred in 2012 and 2016. In 2012, the respondent, while on duty as an RCMP officer, was injured when a suspect reversed his vehicle into the respondent’s police cruiser. The respondent experienced pain in his neck and back and significant headaches. He entered a graduated return to work program in 2013. He was cleared for full active duties in 2015, having taken a year of paternity leave. In the 2016 accident, the respondent was a passenger in a police cruiser that was rear-ended by a driver who fled the scene. His neck and back pain and headaches were aggravated by the second accident. He was subsequently diagnosed with a concussion and a mild traumatic brain injury associated with sensitivity to noise and light, poor memory and mood swings. The respondent unsuccessfully attempted a graduated return to work in 2018. He remained on medical leave at the time of trial....
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