The infant appellant suffered severe disabilities due to oxygen deprivation during birth.
The respondents admitted liability, leaving only the assessment of damages at issue.
The trial judge awarded damages based on a 25-year life expectancy.
The Court of Appeal reduced the life expectancy estimate and deducted 50 per cent for living expenses during the 'lost years' from the future income loss award.
The Supreme Court of Canada allowed the appeal in part, restoring the trial judge's life expectancy assessment because the Court of Appeal erred in interfering with findings of fact absent a palpable or overriding error.
However, the Supreme Court upheld the 50 per cent deduction for personal living expenses during the 'lost years' to avoid overcompensation.
