Mr. Campbell

The plaintiff was injured when a snow thrower tire rim exploded, causing a laceration to his shin.

The defendants admitted liability for the laceration but disputed the plaintiff's claim that he subsequently developed Complex Regional Pain Syndrome (CRPS).

The court found that the plaintiff did develop CRPS as a result of the incident, which permanently impacted his ability to work full-time.

The court rejected the defendants' arguments that the plaintiff's damages should be reduced due to pre-existing conditions, a subsequent motor vehicle accident, or a failure to mitigate.

The court awarded damages for non-pecuniary loss, past and future loss of income, future care costs, and Family Law Act claims, and declined to deduct disability benefits received by the plaintiff.

The appellant appealed a trial judgment regarding spousal and child support, arguing the trial judge failed to award compensatory support, failed to discount the respondent's business expenses, and improperly imputed an income of $40,000 to her based on expert evidence.

The Court of Appeal dismissed the appeal, finding the trial judge adequately addressed the compensatory aspects of support under Moge, properly assessed the respondent's income, and made no error in qualifying the expert or imputing income to the appellant given her failure to make reasonable efforts to obtain employment.