Kathryn A. McKague

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 Superior Court of Justice dismissed a civil action brought by Stephen Massey, purportedly also on behalf of his two daughters (J.M. and C.M.), against 31 defendants including the Children's Aid Society, the Office of the Children's Lawyer, various lawyers, and his ex-wife.

The claim, a collateral attack on prior family law proceedings that concluded in 2016, alleged child abuse and professional misconduct.

The court dismissed the action against Mr. Massey with prejudice due to his failure to attend case conferences, non-compliance with court orders, and the action being frivolous, vexatious, and an abuse of process, largely barred by the limitation period.

The claim on behalf of J.M. and C.M. was dismissed without prejudice, acknowledging potential discoverability issues and the uncertainty of their authorization.

The court imposed a leave requirement for Mr. Massey to initiate future proceedings against these defendants and awarded costs against him.