Background:
On March 11, 2016, Dr. Sharma, an optometrist, was injured when his vehicle was rear-ended by Mr. Sagoo’s vehicle. He experienced neck, shoulder, and arm pain, as well as a peroneal nerve tear. Despite treatment, his injuries persisted, affecting his ability to work full-time and engage in recreational activities. Dr. Sharma continued to work but claimed his professional and personal life suffered due to chronic pain, leading to reduced working hours and reliance on locum optometrists.

Key Legal Issues:
Dr. Sharma appealed the trial court’s decision, arguing that the 10% negative contingency deduction applied to his damages was unwarranted and that the compensation for non-pecuniary damages, future care costs, and loss of earning capacity was too low.

Damages Awarded at Trial:
The trial court awarded Dr. Sharma a total of $405,122.74, broken down as follows:

• Non-pecuniary damages: $99,000
• Past loss of earning capacity: $38,669.04
• Future loss of earning capacity: $256,500
• Cost of future care: $6,600
• Special damages: $4,353.70

Appellate Court Decision:
The Court of Appeal allowed the appeal in part, removing the 10% contingency and increasing future care costs to $55,000.

Final Award:
After the adjustments, Dr. Sharma was awarded a total of $453,522.74.