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

Law360 Canada (April 17, 2023, 9:22 AM EDT) -- Appeal by McKee from the damages award for his loss of earning capacity. McKee argued that the trial judge erred in law by failing to apply the appropriate principles for assessing his loss. He also appealed the judge’s failure to make a separate award for his loss of housekeeping capacity. McKee broke his right arm when he was five years old. The respondent, Hicks, an orthopedic surgeon, negligently performed a closed reduction and casting of the fracture resulting in a malunion of the bones. The malunion created a permanent cubitus varus deformity of McKee’s elbow. McKee obtained his first job while still in high school. He experienced pain and tightness in his right arm which was similar to the symptoms he experienced when he was younger. McKee began working as an apprentice electrician at Horizon Electric. He experienced pain, tightness and a popping sensation in his elbow but was able to discharge all his duties without missing any work due to his symptoms. The respondent admitted liability. The trial judge awarded McKee $110,000 for non-pecuniary damages and $65,000 for loss of future earning capacity. The judge did not make a separate award for loss of future housekeeping capacity....
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