TYPES OF DAMAGES - General damages - For personal injuries - Loss of earning capacity

Law360 Canada (July 20, 2022, 6:29 AM EDT) -- Appeal by Men from the judge’s award of $265,000 for Kringhaug’s loss of future earning capacity on grounds that the trial judge erred by making an inordinately high award, failing to consider the reasonableness of the award and providing insufficient reasons. While driving into the driveway, Men struck Kringhaug from behind. As a result, Kringhaug suffered various injuries including chronic hip and shoulder pain as well as ongoing anxiety. On the date of the accident, Kringhaug was an active and healthy 33-year-old mother of two. She worked full-time as a behaviour interventionist with ABA Family Learning Centre (“ABA”) supporting autistic children and their families. She acknowledged in cross-examination that she was doing well as a mother, at work and in her studies. Because of various forms of treatment and a home-exercise program, some of her injuries had resolved. However, Kringhaug continued to experience pain in her left hip and right shoulder as well as anxiety. Performance issues arose with her work. Following the accident, she “muscled through” her pain and discomfort at work so as not to disrupt and cause stress to her clients. She missed very little work due to her injuries, but her performance declined. Kringhaug testified she had not realized how her increased anxiety, ongoing pain and decreased patience was affecting her work performance. Following trial, the judge found Men fully responsible for the accident and awarded Kringhaug a total of $383,237.22 in damages....
LexisNexis® Research Solutions

Related Sections