Statutory Deductible Significantly Reduces Jury Award In Recent Post-Trial Ruling

On April 4, 2018, the Ontario Superior Court released a post-trial ruling in A.B. v. Waite, 2018 ONSC 2151. The Court reduced the jury verdict of $118,371 for general damages and past loss of income to $5,760.

Background

The plaintiff suffered a whiplash injury and was absent from work for several weeks following what the Court described as "a relatively minor rear end collision" in February 2009. The main issue in dispute was whether the plaintiff's chronic pain condition resulted from the motor vehicle accident.

After approximately three weeks of trial, the jury returned a verdict and awarded $42,500 for general damages, $76,121 for lost income prior to trial, and $0 for loss of future income. The Court noted that it was evident from the decision that the jury had accepted the arguments advanced by the defence.