PHYSICAL AND PSYCHOLOGICAL INJURIES - Body injuries - Considerations impacting on award - Degree of impairment - Pre-existing injury

Law360 Canada ( June 5, 2025, 1:02 PM EDT) -- Appeal by appellant, Mr. Chan, against a court order regarding the findings on causation and damages assessment arising from a motor vehicle accident, and cross-appeal by respondent, Mr. Yu, from a court’s assessment on degree of liability and damages assessment. The respondent was injured after colliding with the open door of a truck parked by the appellant. The trial judge apportioned liability equally between the parties and assessed the respondent’s damages at $413,000. The trial judge found both parties to be credible witnesses but noted self-serving elements in their testimonies. The trial judge determined that the appellant was negligent for opening his truck door without checking for oncoming traffic, while the respondent was contributorily negligent for passing vehicles on the right in an unsafe manner. Liability was apportioned 50/50 between the parties. The trial judge also found that the respondent’s back injury was caused by the accident and assessed damages accordingly. Both parties appealed the decision on liability apportionment and damages assessment. The appellant argued that the trial judge erred in finding him negligent for opening his truck and in apportioning liability equally with the respondent. The appellant contended that the respondent’s actions were more blameworthy and that his negligence was not the legal cause of the accident. The respondent cross-appealed, arguing that the appellant should bear a greater share of the liability. Both parties challenged the trial judge’s findings on causation and the assessment of damages....
LexisNexis® Research Solutions

Related Sections