Background: Andria Close, the respondent, had been injured in a motor vehicle accident in 2017, which had been caused by Ryan Tigas and Arabella Tigas, the appellants. The trial judge had awarded damages for her past and future loss of income.

Legal Arguments/Issues: The appellants had argued that the trial judge failed to correctly apply the Rab v. Prescott framework to assess the real and substantial possibility of income loss and its quantum. The respondent cross-appealed, claiming the trial judge substantially undervalued her future loss of earning capacity.

Held: The trial judge had found the appellants 100% at fault and awarded $160,000 in non-pecuniary damages, $99,321.75 for past loss of income, and $163,980.64 for future loss of earning capacity.

The Court of Appeal had dismissed both the appeal and the cross-appeal. The court had held that, although the trial judge did not explicitly follow the Rab framework, he did not misapply the test. The judge’s findings on the respondent’s injuries and their impact on her earning capacity were upheld.

Costs/Damages Awarded: Andria Close had received a total award of $423,302.39, including incidental awards not contested on appeal.