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

Law360 Canada (May 24, 2023, 7:01 AM EDT) -- Appeal by Ker from the trial judge’s damages awards to Sidhu for past loss of housekeeping capacity, loss of future earning capacity, and cost of future care due to a motor vehicle accident. Ms. Ker argued that there was no evidence to support the trial judge's valuation of Mr. Sidhu’s past loss of housekeeping capacity, among others. While making a turn as she drove, Ker collided with the vehicle of Sidhu (the Accident). Sidhu sued Ker in negligence. At trial, Ker admitted liability. Sidhu had an underlying, asymptomatic femoroacetabular impingement in his hips that pre-dated the Accident. At the time of trial, Sidhu suffered from back pain as well as right hip pain caused by symptomatic osteoarthritis that both parties agreed was unusual for his age. After concluding that the Accident caused Sidhu’s back pain and was a causal contribution to his hip pain, the trial judge awarded him $258,132 under various heads of damages. Among her several arguments, Ker claimed that while the judge set out the correct test for awarding a loss of housekeeping capacity, it was the wrong test to apply to Sidhu’s claim related to his capacity to perform physical farm labour....
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