Law360 Canada (September 14, 2022, 5:49 AM EDT) -- Appeal by the defendants from a finding of liability and the assessment of damages for personal injuries suffered by the respondent in a collision between a bicycle he was riding, and a motor vehicle driven by the appellant. The respondent was riding his bicycle on a sidewalk against the flow of traffic. The appellant was about to exit from a driveway onto the street. He saw the respondent twice approach from the right, but then entered onto the sidewalk without first looking again to his right, after a driver had stopped for the appellant. The judge found the appellant should have stopped his vehicle before entering the sidewalk and that the respondent proceeded cautiously. The respondent suffered some injuries which had resolved, but also chronic lower mechanical back pain inhibiting his ability to work. At the time of trial, the respondent was 40. He had primarily been employed in heavy labour and he was working full time at a recycling depot at the time of the accident. He testified that his minimal reported earnings prior to the accident were substantially supplemented by cash work that he did not declare for income tax purposes. While the respondent’s reported earnings from employment increased after the accident, he was found to have suffered a loss of the opportunity to do the cash jobs he would have done if he had not been injured. The appellants argued the trial judge erred in finding the respondent was not at least partly responsible for the collision and in assessing damages by failing to require the respondent to discharge the burden of proving his loss, particularly the loss of future income earning capacity, and in failing to account for contingencies....