Jeffery Rayburn Crannie

The court considered whether questions regarding past loss of income, future loss of income, and loss of competitive advantage should be put to the jury in a personal injury action.

The court found there was sufficient evidence for the jury to consider past loss of income and loss of competitive advantage, but not future loss of income, as the evidence for the latter was speculative and insufficient.

The ruling reviews the legal standards for submitting damages questions to a jury and the evidentiary requirements for each head of damages.

The defendant brought a motion seeking production of outstanding undertakings from discovery, including employment, insurance, and medical records, production of photographs and Facebook content, and an order requiring the plaintiff to undergo a bone scan as part of an independent medical examination.

The court held that a party who undertakes to obtain records from non-parties must take reasonable follow‑up steps where appropriate.

The court ordered the plaintiff to follow up with certain third parties and to serve a supplementary affidavit of documents disclosing relevant photographs depicting her activities before and after the accident.

However, the request for full access to the plaintiff’s Facebook profile was denied due to lack of evidence that relevant documents had been omitted.

The court further ordered the plaintiff to undergo the bone scan recommended by the defence medical examiner, finding it necessary for trial fairness.