Law360 Canada ( October 14, 2026, 9:39 AM EDT) -- Appeal by appellants and cross appeal by respondent from a personal injury judgment awarding the respondent approximately $3.75 million following a rear-end motor vehicle accident. The respondent, a taxi passenger, sustained a concussion or mild traumatic brain injury that significantly affected her personal and professional life. She did not wear an available, functioning seatbelt. The judge found the personal appellant wholly liable and rejected contributory negligence because the appellants did not show that a seatbelt would have prevented or reduced the injuries, rather than a lower headrest having caused them. The awards included $520,000 for past income loss, $2.9 million for loss of future earning capacity and $106,410 for future care. The appellants submitted that the judge applied the wrong contributory negligence analysis, used the respondent’s rejected $230,000 salary assumption when calculating future earning capacity despite accepting a $200,000 salary, and overlooked evidence that medication overuse caused headaches relevant to mitigation. The respondent cross appealed, challenging the past and future income awards, the 10 per cent residual earning capacity finding and the limitation of 30 years of claimed future care to five years. The issues included whether non-use of the seatbelt contributed to the injuries, whether the earning capacity awards rested on supported assumptions and whether the future care and mitigation findings disclosed reviewable error....