Incident:
On March 6, 2012, Shoba Kolapully was struck by a TTC bus driven by Lynda Myles, resulting in claims of serious physical and psychological impairment.

Trial Outcome (2022):
The jury awarded Kolapully $175,000 in non-pecuniary damages and $200,000 for past loss of income, apportioning 75% negligence to the TTC and Myles.

Appeal Issues:

1. Admission of SPECT Scan Evidence:
   • Court Decision: Upheld. The scan was used as a diagnostic tool and not novel science.
2. Exclusion of Attendant Care Claims Forms:
   • Court Decision: Upheld. The forms were irrelevant and their admission would have been prejudicial.
3. Jury Instructions on Causation and Damages:
   • Material Contribution Error: Corrected in jury instructions.
   • Per Diem Calculation Error: Instructed jury against per diem calculation for non-pecuniary damages.
4. Deductibility of Non-Earner Benefits:
   • Court Decision: The trial judge erred by not deducting non-earner benefits from the past income loss award. These benefits should be deducted under the income replacement silo.
5. Costs Award:
   • Court Decision: Upheld. The trial judge considered TTC's conduct and awarded costs related to the LAT hearing appropriately.

Disposition:
The appeal was allowed in part. Non-earner benefits are to be deducted from Kolapully's damages award. Kolapully was awarded $40,000 in appeal costs.