Law360 Canada ( October 19, 2021, 6:54 AM EDT) -- Appeal by the defendant from damages of $150,000 for loss of future earning capacity and $100,000 for the cost of future care awarded to the respondent for injuries suffered in a 2017 motor vehicle accident. At the time of the accident the respondent, then 57, started two business ventures that had yet to produce any income. She otherwise earned income of $70,000 per year from her investments, her ATM business and residual dividends from her earlier consulting work. The trial judge found the respondent suffered from ongoing aggravation of her pre-existing neck and back pain, that her migraines increased because of the accident, and that she suffered increased fatigue and reduced energy because of the accident. The appellant argued the judge failed to properly analyze whether there was a real and substantial possibility of the respondent suffering a loss of earnings in the future. With respect to the future care costs, the appellant disputed the judge’s inclusion of the cost of trigger point injections in his award without considering whether the respondent would in fact have incurred such costs, as opposed to those costs being covered under the respondent’s Medical Services Plan....