Marla Tennen

The plaintiff was involved in a head-on motor vehicle collision caused by the defendants.

The defendants did not contest liability.

The trial focused on the extent of the plaintiff's injuries and damages.

The plaintiff claimed to have suffered a mild traumatic brain injury, chronic pain, and psychiatric injuries, rendering him unable to return to his employment as a Lead Hand electrician for the City of Guelph.

The defendants argued the plaintiff's injuries were exaggerated and that he could return to work with accommodation.

The court accepted the evidence of the plaintiff and his treating medical experts, finding that he suffered permanent and serious impairments, including cognitive deficits, vision and hearing issues, and chronic pain.

The court awarded the plaintiff $225,000 in general damages, $38,177.40 in special damages, $75,308 for past lost wages, $1,282,074 for future income loss, and $735,092 for future care costs.

The appellants appealed a jury award of over $1.6 million in damages arising from a motor vehicle accident.

They argued the trial judge improperly interfered with cross-examination, erred in admitting a medical report during a life-care planner's testimony, and that the damages awarded were inordinately high.

The Court of Appeal dismissed the appeal regarding the trial judge's conduct and evidentiary rulings, finding no unwarranted interference and a proper exercise of discretion.

The court upheld the general damages and housekeeping awards, but reduced the future income loss award by $140,000 on consent to account for the respondent's mandatory retirement age from the military reserve.