Court File and Parties

Citation: 2023 ONSC 4111 Court File No.: CV-4405-00 and CV-18-4440-00 Date: 2023 06 16 Ontario Superior Court of Justice

Between: KENISHA DESMOND, Plaintiff Lisa Bishop, for the Plaintiff

And: EVAN HANNA and RONETYA YOUSUF, Defendants Keith Smockum, for the Defendants

Heard: June 16, 2023, heard orally

And Between: SHIAN HENRY, Plaintiff Lisa Bishop, for the Plaintiff

And: EVAN HANNA and RONETYA YOUSUF, Defendants Keith Smockum and S. Desai, for the Defendants

Heard: June 16, 2023, heard orally

NOTE: Not to be Uploaded to any Public Database or Released Publicly Until the Jury has Rendered its Verdict.

Trial Ruling #5: Jury Questions Part II Trimble J.

The Motion

[1] I heard further argument today on the Desmond Jury Questions today, and argument on the Henry Jury Questions.

The Result

[2] I rely on the law as set out in my Trial Endorsement #4.

[3] I have made changes to the questions about future loss of income, loss of earning capacity and loss of competitive advantage. These are distinct concepts. As explained in my jury charge, where the Plaintiff cannot return to work, or can only do so less than pre accident, or has to retire early, all three concepts are part of the claim for future loss of income.

[4] Where the Plaintiff returns to work full time, to the same capacity as pre accident, and there is no early retirement (although there may be accommodations), there is no lost future income, only the loss of is the loss of competitive advantage.

[5] On consent, I have removed the questions dealing with past health care costs.

[6] I have left the past and future housekeeping and future healthcare questions in. I find that there is sufficient evidence that a properly instructed jury could reach a decision on these issues.

Trimble J. Released: June 16, 2023