The appellant was rendered a quadriplegic in a motor vehicle accident and was awarded a lump sum for future care and lost earning capacity at trial.
The Court of Appeal substituted the lump sum for future care with periodic monthly payments and reduced the awards for future care and lost earning capacity.
The Supreme Court of Canada allowed the appeal in part, holding that courts cannot order periodic payments in the absence of enabling legislation or consent.
The Court also held that an allowance for the impact of taxation (gross-up) should be made in calculating the cost of future care where supported by evidence.
The trial judge's awards for future care and lost earning capacity were largely restored.
