The subject of this action was an MVA which involved a family of five. The mother and two oldest sons sustained injuries as a result of the accident. Tragically, their five month old son/brother died as a result of the collision. The Defendant admitted liability, but disputed threshold. Justice Hockin found that all of the Plaintiffs’ injuries met threshold. The mother was awarded $145,000.00 in general damages for soft tissue injuries and psychological issues. Each son was awarded $65,000.00 in general damages for psychological issues. Justice Hockin followed the Court of Appeal’s reasons in To v. Toronto, and awarded FLA damages at the high end of the range, adjusted for current dollars. The mother was awarded $130,000.00 in relation to the death of her infant son. The father was also awarded $130,000.00 for the death of his infant son and $25,000.00 for the loss of care, guidance, and companionship of his wife. Each son was awarded $35,000.00 in relation to the death of his brother and $30,000.00 for loss of care, guidance, and companionship of his mother. In total, $415,000.00 was awarded in FLA damages.
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