Overview: Sherry Lynn Matthews was struck by a puck while watching a roller hockey game, leading to severe injuries. The appellants admitted liability. The main issues were the nature of the respondent's injuries and the quantum of her damages.

Trial and Jury Verdict: The trial involved ten days of proceedings in April 2023. Matthews claimed severe impact on her life, including cognitive and psychological impairments. The jury awarded her over $1 million, including $804,000 for loss of past earning capacity and $175,000 for non-pecuniary loss.

Legal Arguments/Issues: The appellants argued the awards were unsupportable and disproportionate. They contended Matthews’ symptoms were related to pre-existing conditions and disputed her credibility. They sought to reduce the award for past earning capacity to $100,000 and argued the non-pecuniary damages were excessive compared to similar cases.

Court of Appeal Decision: The appeal was dismissed. The Court found the jury’s award justifiable based on the evidence presented, including the respondent’s expected earnings from a more lucrative contract with Pivotal Payments. The Court held the non-pecuniary damages were not wholly disproportionate given Matthews’ circumstances.

Total Award: The Court upheld the jury’s total award of $1,054,000 in favor of Sherry Lynn Matthews.