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.
