Damages award recalculated to properly apply statutory deductible and contributory negligence.
In an addendum to a trial judgment, the court corrected a calculation error in the damages award based on the jury's decision.
With the agreement of counsel, the court recalculated the award by applying a 20 percent reduction for contributory negligence to the pecuniary damages, and applying the statutory deductible followed by the contributory negligence reduction to the non-pecuniary damages.
The total judgment was amended to $136,483.20.
Foster v. Durkin, 2016 ONSC 1651