J. B. Hoare

The plaintiffs sought damages arising from a motor vehicle accident caused by an impaired driver, which resulted in the death of their infant son and injuries to the mother and two other sons.

Liability was admitted, and the trial proceeded as an assessment of damages.

The court found that the mother's physical and psychological injuries, as well as the psychological injuries of the two surviving sons, met the threshold for permanent serious impairment under the Insurance Act.

The court awarded non-pecuniary damages, past and future income loss, and Family Law Act damages for loss of care, guidance, and companionship.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

A dispute arose regarding the calculation of her income replacement benefits.

The arbitrator held that draws taken from the family business, which were declared as dividends for tax purposes, formed part of the applicant's regular remuneration and should be included in her gross annual income.

The arbitrator also held that unemployment insurance premiums should not be deducted from her gross annual income because she was exempt from paying them as a joint owner of the business.