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ARTICLE · 10 JULY 2019

SCC Denies Leave In Chronic Pain Case

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In Petz v. Duguay, 2017 ABQB 90, the Court of Queen's Bench of Alberta awarded a total of $76,028 to the Plaintiff following injuries sustained in a motor vehicle accident on September 12, 2004 (the Accident). The matter took four weeks

CanadaLitigation, Mediation & Arbitration
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In Petz v. Duguay, 2017 ABQB 90, the Court of Queen's Bench of Alberta awarded a total of $76,028 to the Plaintiff following injuries sustained in a motor vehicle accident on September 12, 2004 (the Accident). The matter took four weeks to try and involved testimony from a number of experts — the Plaintiff called nine experts while the Defendant called five. As a result of her injuries, the Plaintiff claimed damages in excess of $1 million.

The trial decision highlighted the centrality of a plaintiff's credibility, particularly where the evidence hinged on that plaintiff's self-reporting

The award was upheld on appeal with a 2-1 split decision by the Court of Appeal: Petz v. Duguay, 2018 ABCA 402.

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