Law360 Canada ( September 24, 2026, 9:37 AM EDT) -- Appeal by appellant from a damages award following a motor vehicle accident. The respondent admitted liability for a rear-end motor vehicle accident. The judge awarded approximately $544,000 in damages after finding that the appellant sustained chronic soft tissue injuries, adjustment disorder and somatic symptom disorder, but did not sustain a mild traumatic brain injury or concussion. The judge found that the appellant had significant pre-existing physical and psychological vulnerabilities, including migraine headaches, anxiety, depression and a susceptibility to the effects of trauma, and reduced the awards for past and future loss of earning capacity by 30 per cent and 35 per cent respectively, to reflect the real and substantial possibility that these conditions would have affected her earning capacity absent the accident. The judge also declined to award special damages for concussion-related treatment after finding the appellant did not sustain a concussion or mild traumatic brain injury. The appellant argued that the contingency deductions were unsupported by the evidence and based on incorrect legal principles, that the judge erred by assuming the severity of her injuries from the minor nature of the collision, by failing to properly assess the likelihood of future contingencies, by declining to award special damages for concussion treatment, and by reducing the future income award to account for a maternity leave that was already reflected in the past income award....