Background

• Incident: On January 26, 2015, Ginger Hartman was injured in a rear-end collision. Liability was admitted by the appellants.
• Injuries: Hartman suffered chronic myofascial pain, cervicogenic headaches, and thoracic outlet syndrome.
• Impact: Her injuries impeded her ability to work, resulting in significant financial losses.

Legal Issues

• The appellants contested the trial judge’s awards for past and future loss of earning capacity, claiming insufficient consideration of general and specific labour market contingencies and misapplication of legal principles.

Trial Court Findings

• Past Loss of Earning Capacity: Awarded $36,000 based on Hartman’s demonstrated inability to work post-accident.
• Future Loss of Earning Capacity: Awarded $640,338, reflecting a 75% reduction in her uninjured earning capacity due to probable part-time future work.

• Total Monetary Award

  • Past Loss of Earning Capacity: $36,000
  • Future Loss of Earning Capacity: $640,338
  • Non-Pecuniary Damages: $150,000
  • Cost of Future Care: $162,855
  • Special Damages: $2,310

  • Total Monetary Award: $991,503

Appeal Decision

• Appeal Dismissed: The appellate court found no error in the trial judge’s findings or application of law.
• Key Points:
  • The decision not to adjust for general labour market contingencies was justified.
  • The judge appropriately considered both positive and negative contingencies, including Hartman’s potential for higher future earnings.

Conclusion

• The damages awarded were upheld as fair and reasonable, reaffirming the trial judge’s discretion and the need for substantial evidence to adjust awards based on contingencies.