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ARTICLE · 03 MAY 2016

Overturning A Jury's Decision?

In the recent Court of Appeal decision in Fonseca v. Paul Hansen et al, an appeal was brought regarding the trial decision of a jury.

CanadaLitigation, Mediation & Arbitration

In the recent Court of Appeal decision in Fonseca v. Paul Hansen et al, an appeal was brought regarding the trial decision of a jury. The appellant was involved in a motor vehicle accident when she was hit from behind by a transport truck, while stopped at a red light. At the time, she was enrolled in a dentistry general practice residency in Vancouver and was home in Mississauga for Easter visiting her family. Her injuries prevented her from maintaining a full time clinical dentistry practice. Liability was admitted shortly before the commencement of trial and the trial was focused on damages.

The respondents took the position that the appellant had recovered from her injuries to resume her practice. The appellant's position was that she was only able to work 15-20 hours a week and that her condition would be permanent. The appellant's economic loss expert opined that her future income loss would be between $6,000,000.00 - $18,000,000.00. The jury awarded the

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