The plaintiff had extensive pre-accidence issues with alcoholism, depression, and pain. She suffered soft tissue injuries in an MVA and alleged that all of her subsequent health issues were caused by the accident. At trial, the jury awarded $30,000 in general damages, $2,500 in loss of housekeeping capacity, $3,900 for massage/physiotherapy treatment, and $240 for medication. A further $2,500 was awarded on the FLA claim. The threshold analysis turned on causation. The defence conceded that if the accident was the cause of the plaintiffs impairments, she would meet the threshold. Justice Beaudoin ultimately concluded that the accident was not the cause of her impairments, and rejected the opinions of her experts (Dr. Ricci, Dr. Suddaby, and Dr. Kevin Smith). Justice Beaudoin found that the plaintiffs experts relied too heavily on the plaintiffs self-reporting and either did not have sufficient records or refused to waiver on their opinions in the face of damning clinical notes and records when put to them at trial. Justice Beaudoin accepted the opinion of Dr. Michael Ross, who testified for the defendant, who explained that the plaintiff did not being to decompensate until subsequent life events occurred.
