Law360 Canada (August 29, 2023, 6:14 AM EDT) -- Appeal by McHatten from trial judge’s assessment and award of $200,000 for loss of future earning capacity. The issue in this appeal was whether the trial judge erred in assessing McHatten’s loss of future earning capacity and if the awarded amount adequately compensated her for her loss. McHatten was injured in a car accident at the age of 19, causing chronic back pain, fibromyalgia, anxiety, depression, and other health issues. The judge recognized the impact of the accident on McHatten’s life and found that there was a real and substantial possibility that her future earning capacity would be limited. McHatten raised three grounds of appeal. Firstly, she argued that the judge provided insufficient reasons for the awarded amount. Secondly, she claimed that the judge failed to compare her likely future earnings without the accident to her future earnings with the accident. Lastly, she contended that the judge applied a 30 per cent negative contingency that was unrelated to the facts of the case. The appellate court explained that it might intervene in an award of damages if there was an incorrect application of the law or if the awarded amount was significantly incorrect. The court concluded that the judge made errors in principle, warranting appellate intervention....