Court of Appeal for Ontario
Date: 2024-03-15 Docket: COA-22-CV-0488
Before: Fairburn A.C.J.O., Simmons J.A. and Daley J. (ad hoc)
Between: Mehari Kesete, Plaintiff (Appellant)
And: Amanda Gaspar, Defendant (Respondent)
Counsel: Mark Stoiko, for the appellant Michael Kennedy and Garett Harper, for the respondent
Heard and released orally: March 6, 2024
On appeal from the judgment of Justice Gerald E. Taylor of the Superior Court of Justice, dated November 16, 2022.
Reasons for Decision
[1] This is an appeal from a judgment dismissing the appellant’s action arising from a motor vehicle accident. The judgment followed a jury’s verdict after trial.
[2] Among other things, the appellant claims that the trial judge erred by not permitting the jury to deliberate on future income loss and housekeeping expenses. The appellant also says that the trial judge erred by refusing to allow testimony from someone referred to as a “functional capacity evaluator” about housekeeping and future care costs. The appellant further maintains that he was denied a fair trial because of these rulings.
[3] This appeal cannot succeed.
[4] It is beyond dispute that the jury found that the appellant had failed to prove that his injuries were caused by the accident. The appellant agrees that he is not appealing from the jury’s finding on causation. He also agrees that the impugned rulings are entirely disconnected from the issue of causation. There being no causation in this case, there is no need to address the trial judge’s various rulings relating to the calculation of damages. This conclusion should not be read as in any way suggesting that there were any problems with those rulings.
[5] The appellant also seeks leave to appeal from the costs ruling. There is no basis upon which to grant leave.
[6] The appeal is dismissed. Leave to appeal from the costs order is denied. Costs for this appeal will be paid to the respondent in the agreed upon amount of $15,000, all-inclusive.
“Fairburn A.C.J.O.”
“Janet Simmons J.A.”
“Daley J. (ad hoc)”