Erin Mara

The plaintiff brought a motion for default judgment against the defendant for an unprovoked assault at a stag-and-doe party that resulted in a T11 compression fracture.

The defendant failed to defend the action and was noted in default.

The court found the defendant liable for battery and assessed damages, awarding $85,000 in non-pecuniary general damages, $17,585 for past income loss, $50,000 for loss of competitive advantage, and $21,640 for future care costs, totaling $177,248.60.

The Applicant was catastrophically injured in a motor vehicle accident and received supplementary attendant care services from her parents and a hospital.

No Form 1 was completed at the time.

Years later, an occupational therapist completed a retroactive Form 1.

The Insurer refused to pay, arguing a Form 1 cannot be retroactive and the expenses were not incurred.

The Arbitrator held that the Schedule does not prohibit a retroactive Form 1 and that the services provided by family and the hospital were 'incurred'.

The Insurer was ordered to pay the attendant care benefits, the cost of the Form 1, interest, and expenses.

The plaintiff suffered a severe acquired brain injury after losing control of her vehicle on a snow-covered portion of a county road.

She sued the municipality for failing to maintain the road.

The court found that the municipality breached its statutory duty under the Municipal Act by failing to plow and salt the road, which had accumulated a large snow drift.

The court rejected the municipality's statutory defences and its argument that the plaintiff was contributorily negligent for driving too fast.

The plaintiff was awarded significant damages for non-pecuniary loss, past and future income loss, future care costs, and Family Law Act claims for her parents.