Law360 Canada ( September 4, 2025, 1:59 PM EDT) -- Appeal by appellants of an award of damages for past and future loss of earning capacity to the respondent for injuries he suffered in two motor vehicle accidents. The appellants admitted liability for the accidents. The most significant injury was to the respondent’s lower back. The trial judge found that the respondent suffered income loss because of the accidents because this injury limited his opportunity to work overtime hours. He awarded the respondent $30,484 for past loss of earning capacity, and $336,055 for future loss of earning capacity. The appellants alleged that the trial judge committed various errors in his assessment of damages. They sought an order setting aside, or alternatively reducing, the damages awarded. The respondent cross-appealed the award on the basis that the judge erred in applying a five per cent contingency deduction to the award for future loss of earning capacity to account for his pre-existing back condition....