TYPES OF DAMAGES - General damages - Categories of - For personal injuries - Loss of housekeeping ability

Law360 Canada (September 28, 2023, 6:37 AM EDT) -- Appeal by appellants from awards for non-pecuniary damages and loss of housekeeping capacity arising from injuries suffered by respondent in motor vehicle accident in 2014. The appellants submitted that the trial judge made factual errors in his assessment of the evidence and made awards that were inordinately high. In addition, the appellants submitted that the trial judge failed to make essential findings on the central issues regarding the loss of housekeeping capacity. This action arose from a motor vehicle accident when the respondent’s vehicle was rear-ended by the appellants at highway speed. Liability for the accident was admitted. The respondent suffered a soft tissue injury to her lower back and a malalignment of her hip. The appellants admitted that the symptoms were unlikely to completely resolve and would flare up intermittently in the future. The respondent testified that her back pain had worsened in the couple of years before trial, although her flexibility had improved. The trial judge did not refer to the doctor’s prognosis, and so it was not possible to determine whether he accepted the doctor’s view of the likelihood of significant improvement in the respondent’s symptoms....
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