Background: The case involved John David Wright, Executor of the Estate of Hugh McGuigan, as the appellant, and Vicki Pevach, a mentally incompetent person represented by her Litigation Guardian, The Public Guardian and Trustee, as the respondent. The case arose from a personal injury incident where Vicki Pevach was struck by a vehicle driven by Hugh McGuigan, leading to severe injuries.

Legal Arguments/Issues:

1. Liability:

   • The appellant argued that the trial judge failed to consider exculpatory discovery evidence and the issue of contributory negligence by Vicki Pevach.
   • The trial judge found Hugh McGuigan solely liable for the accident, stating he did not pay proper regard to pedestrians.

2. Damages:

   • The appellant contended the cost of future care award was unreasonably high and medically unjustified, and the judge failed to consider negative contingencies.
   • The judge awarded substantial damages to Vicki Pevach, including $388,177 for non-pecuniary loss and $1,261,500 for the cost of future care.

Held: The Court of Appeal upheld the trial judge's findings on liability and the appropriateness of the future care costs but adjusted the award by considering the real and substantial possibility that Pevach would have required significant future care due to pre-existing conditions, regardless of the accident.

Total Award: The total amount of costs and damages awarded by the court to the successful party, Vicki Pevach, in the case "McGuigan Estate v. Pevach" was $1,649,677. This includes $388,177 for non-pecuniary loss and $1,261,500 for the cost of future care.