Dr. Chaiton

The appellant was injured when improperly stored metal sheets in her apartment building's storage room fell on her leg, eventually leading to fibromyalgia.

A jury found the respondent landlords negligent but apportioned 75% of the fault to the appellant for contributory negligence.

The jury awarded damages, including $41,000 for non-pecuniary damages.

On appeal, the Court of Appeal found the trial judge erred in instructing the jury to use the upper limit (cap) for non-pecuniary damages as a scale.

The Court substituted an award of $80,000 for non-pecuniary damages but upheld the jury's findings on contributory negligence and apportionment of fault.

The applicant was injured in a motor vehicle accident and sought income replacement benefits, housekeeping benefits, and payment for treatment.

The insurer terminated benefits based on medical assessments indicating full recovery.

The arbitrator dismissed the application, finding the applicant failed to prove she was substantially unable to perform her pre-accident employment or housekeeping duties.

The arbitrator preferred the insurer's medical evidence, noting the applicant's lack of supporting medical records, inconsistent testimony, and surveillance evidence showing her working.