Kathleen Polczer

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 plaintiffs, owners of a comic book store and a hobby shop, sued the defendant contractors for damages after a water main ruptured during construction, flooding their basements and destroying inventory.

The court found that the plaintiffs could not sue under the contract between the municipality and the defendants, as the exception to privity of contract only operates defensively.

However, the court found the defendants liable in negligence for failing to use alternate backfill or delay compaction when undermining the old, fragile water main.

The court awarded damages of $125,000 to the comic book store and $88,850.50 to the hobby shop, preferring the defendants' expert valuation of the destroyed comic books as random overstock.