Emma Tomas

The plaintiff, Kathleen MacNeill, sought damages for injuries allegedly sustained after ingesting a deliming agent in coffee served at a McDonald’s drive-thru.

The court found that while the incident was unsettling, the evidence did not establish that the plaintiff suffered any serious or permanent injury causally related to the incident.

The court rejected the plaintiff’s claims for general, income, and future care damages, awarding only $5,000 for temporary pain and inconvenience.

The decision turned on findings of credibility, causation, and the weight of expert and lay evidence.

The trial concerned spousal support following a 7-year marriage.

The applicant, aged 62, was unemployed during the marriage and retrained as a personal support worker (PSW) post-separation.

The respondent, a carpenter, had inconsistent income reporting.

The court imputed the respondent's annual income at $57,500 due to non-compliance with disclosure orders and inconsistent reporting.

The court found both non-compensatory and compensatory entitlement for the applicant.

Spousal support was ordered in two stages: $750 per month from June 1, 2020, until December 31, 2021 (exceeding SSAG ranges due to applicant's high need and retraining), and $225 per month indefinitely from January 1, 2022 (within SSAG ranges, considering applicant's new employment and respondent's support of his son).

The decision also addressed the payment of support arrears.