The plaintiff, a bicyclist, was struck by a vehicle in November 2011. The plaintiff commenced an action for damages in July 2015. The plaintiff sustained soft tissue injuries, which developed into chronic pain. He was unable to continue with heavy physical labour as of late 2014 (he attempted to work in labour intensive jobs until that point). The plaintiff presented credibly and was likeable. He engaged in retraining in order to seek a low-impact job. Following a two week trial, Justice Hurley awarded the plaintiff general damages in the sum of $80,000 (gross), damages for past loss of income in the sum of $47,040, and damages for housekeeping expenses in the sum of $45,615.56. The housekeeping award was based on expert evidence regarding the cost of future outdoor housekeeping. Justice Hurley held that the action was not statute-barred because the plaintiff would not reasonably have become aware that his injury was serious and potentially permanent until the fall of 2014 when he had to stop all heavy construction work.
