Genevieve Effie Good

The plaintiff was injured when a snow thrower tire rim exploded, causing a laceration to his shin.

The defendants admitted liability for the laceration but disputed the plaintiff's claim that he subsequently developed Complex Regional Pain Syndrome (CRPS).

The court found that the plaintiff did develop CRPS as a result of the incident, which permanently impacted his ability to work full-time.

The court rejected the defendants' arguments that the plaintiff's damages should be reduced due to pre-existing conditions, a subsequent motor vehicle accident, or a failure to mitigate.

The court awarded damages for non-pecuniary loss, past and future loss of income, future care costs, and Family Law Act claims, and declined to deduct disability benefits received by the plaintiff.

The plaintiffs brought a motion under Rule 30.02(2) of the Rules of Civil Procedure seeking production of a statement prepared by a property manager shortly after a motor vehicle accident on a commercial parking lot.

The statement had been created following the accident after the property manager contacted the insurer and an adjuster and anticipated litigation.

The court held that litigation privilege attached because the dominant purpose of the investigation and statement was to prepare for potential litigation and assist the employer’s defence.

The court further held that privilege was not waived when the witness reviewed the statement prior to her examination for discovery.

The motion for production was therefore dismissed.