The plaintiff was involved in a relatively minor motor vehicle accident in 2015. She had been in a more serious accident in 2012 for which she was at fault. The plaintiff argued that she had been 80 to 90 percent recovered by the time of the 2015 accident. She returned to work for three years, but stopped working in 2018. She applied for and received LTD benefits and CPP disability benefits. She alleged ongoing chronic pain, headaches, depression, and fibromyalgia.
Justice Shaw accepted that her impairments were caused by the 2015 accident and that she was a thin skull plaintiff. The plaintiff was awarded damages totaling $1,009,250, broken down as follows: $175,000 in general damages; $116,382 for past loss of income; $375,590 for future loss of income; and $342,278 for future care. The plaintiff’s son was awarded $25,000 (gross) for loss of care, guidance, and companionship, and $25,000 for the value of services he provided to the plaintiff.