Kelly Farrell

The plaintiff, a minor, suffered a severe traumatic brain injury in a boating accident when the tube he was being towed on struck another boat.

The plaintiff's father, who was operating the boat, was noted in default.

The court found the father negligent and reckless, but concluded he did not have knowledge that the loss would probably result, meaning the $1,000,000 liability cap under the Marine Liability Act applied.

Damages were assessed well in excess of the cap, but recovery was limited to $1,000,000 in aggregate for the minor and his mother.

The plaintiff was injured in a motor vehicle collision when the defendant driver failed to yield the right-of-way at an intersection.

The plaintiff suffered a mild traumatic brain injury, depression, and chronic pain, which substantially interfered with her employment and daily life.

The court found the defendant driver fully liable and his employer vicariously liable.

The court held that the plaintiff's injuries met the statutory threshold for non-pecuniary damages and awarded $100,000 in general damages, $50,000 for loss of competitive advantage, and $45,000 in Family Law Act damages.

The court also discharged the jury due to inflammatory opening statements by defence counsel.