Darrell Sherman

The plaintiff was struck on the head by a bocce ball thrown by the defendant Goulet while seated on the outdoor patio of the defendant restaurant (Local).

The plaintiff suffered a mild traumatic brain injury resulting in chronic headaches, fatigue, and cognitive deficits.

The plaintiff settled with the restaurant via a Pierringer Agreement prior to trial.

At trial, Goulet argued the restaurant was contributorily liable for failing to erect a barrier or post warning signs.

The court found Goulet 100% liable, concluding that while the restaurant failed to post a warning sign, this breach did not cause the injury as Goulet knew throwing the ball was dangerous.

The court awarded the plaintiff general damages of $125,000, plus past and future loss of income, future care costs, and out-of-pocket expenses.

The plaintiff was awarded over $1.1 million in damages following a personal injury trial.

The parties appeared before the court to determine the costs of the trial and the calculation of a management fee.

The court found that the plaintiff had made reasonable offers to settle that were more favourable than the judgment, entitling her to elevated costs.

The court awarded the plaintiff $852,528.03 in costs and disbursements, and fixed the management fee at $125,000 based on an annualized sliding scale rather than a fixed percentage.

The plaintiff was injured in a motor vehicle accident when the defendant driver ran a red light and t-boned the vehicle in which the plaintiff was a passenger.

The court found the defendants 100% liable.

The plaintiff, a self-employed jewelry designer, suffered a mild traumatic brain injury, chronic pain, PTSD, and post-concussion syndrome.

The court awarded $1,101,568.55 in total damages, including $225,000 for general damages, $328,402.20 for past and future economic loss, and $489,300 for future care costs, plus a management fee and tax gross-up.

The plaintiff brought a motion for leave to file an income loss report served less than 90 days before trial, contrary to Rule 53.03 of the Rules of Civil Procedure.

The defendant opposed the motion, arguing that the plaintiff had ample time to prepare the report over the 8-year history of the action.

The court held that 'undue delay' under Rule 53.08 refers to delay in the conduct of the trial, not the time taken to bring the matter to trial.

Since the defendant did not request an adjournment and there was no prejudice, the court granted the plaintiff leave to file the report.