The plaintiff was injured in a slip and fall at her work’s office tower while exiting an elevator. The floor was slippery due to a cleaning product being sprayed onto the elevator doors deflecting and landing on the granite floors. The occupier did not have a system or policy for cleaning floors after cleaning the elevator doors, and was found liable.
The plaintiff suffered a minor traumatic brain injury due to her fall. She was 36 years old when she was injured in 2012. She complained of ongoing headaches, migraines, blurred vision, face pain, jaw pain, tingling/numbness in the limbs, brain fog, neck pain, and back pain. She stopped working at Scotiabank and later found employment at the Canada Revenue Agency, but made less money. Following a trial, Justice Ramsay awarded the following:
- General damages: $115,000
- Past income loss: $173,400
- Loss of earning capacity: $590,200, less 15% contingency
- Out-of-Pocket: $10,000
- Past loss of housekeeping: $15,000
- Loss of housekeeping capacity: $0
- OHIP subrogation: $9,380