Barry v Anantharajah
Jacqueline Barry (By way of her litigation guardian, Devon Francis)
Law Firm / Organization
Fox Vanounou LLP
Punithavathi Anantharajah
Law Firm / Organization
Aviva Trial Lawyers

Legal Arguments/Issues: Jacqueline Barry sought over $1,000,000 in damages for injuries sustained in a motor vehicle accident caused by Punithavathi Anantharajah. Issues at trial included liability and damages, specifically general damages and compensation for past and future income loss, future housekeeping and home maintenance, and future health care expenses.

Trial Outcomes: The jury awarded Barry $21,166 in general damages and $26,000 for past income loss, finding her 15% contributorily negligent. Adjustments for contributory negligence and statutory deductible resulted in a final payout of $16,160.50 to Barry. Barry was found not to have sustained a permanent, serious impairment.

Costs Awarded: Despite the modest jury award, Barry requested $404,809 in costs, asserting success at trial. The court awarded $300,000 inclusive of costs, disbursements, and HST, considering the defendant's failure to make a pre-trial settlement offer and the necessity of the trial. The court criticized the defendant's "hardball" approach, which necessitated the trial and found the costs generally reasonable but reduced the claim due to the employment of two senior counsel.

Total Costs/Award: $300,000 was awarded to Jacqueline Barry inclusive of costs, disbursements, and HST.

Superior Court of Justice - Ontario
CV-19-2521-00
Personal injury law
$ 300,000
Plaintiff