Background: Samantha Ashley McHatten appealed an order from the Supreme Court of British Columbia regarding her injury from a motor vehicle accident. She had sustained chronic back pain, fibromyalgia, and anxiety, which developed into depression. The accident severely impacted her life, causing her to leave her job and hindering her ability to work.

Key Issues on Appeal: The key issues on appeal included the insufficiency of reasons provided by the trial judge. McHatten argued that the judge did not adequately explain the $200,000 award for loss of future earning capacity, making it difficult for an appellate review. The comparison of future earnings was another issue, as the judge failed to compare McHatten's likely future earnings with and without the accident. This comparison was crucial for accurately assessing the damages. Additionally, McHatten contended that the judge's application of a 30% negative contingency was inappropriate and lacked a case-specific analysis, leading to an unfair reduction in her award.

Court Findings: The appeal court found the trial judge’s reasons insufficient for a proper review and agreed that the judge did not adequately compare future earnings scenarios. The court also determined that the application of the 30% negative contingency was inappropriate.

Outcome: The appeal court reassessed the damages for loss of future earning capacity, increasing the award from $200,000 to $450,000. This reassessment considered a 35% reduction in work capacity and added a 10% positive contingency for benefits.

Total Award: The final award in favor of Samantha Ashley McHatten was $450,000.