Skills Are Assets: ONSC Clarifies Approach For Awarding Loss Of Competitive Advantage

In Herrington v. Brewer et al., the Ontario Superior Court commented on the approach to awarding damages for loss of competitive advantage in a personal injury action.

Background

In December 2015 the plaintiff was involved in a rear-end motor vehicle accident resulting in soft-tissue injuries, including pain in his left elbow. At the time of the accident, the plaintiff was 56 years old and worked as a mechanic at an auto repair shop that he owned and operated. The pain from his elbow injury began to severely interfere with his ability to work as a mechanic.

The plaintiff commenced a claim against the defendants seeking various heads of damages, including damages for loss of earnings and loss of competitive advantage/loss of earning capacity. The defendants accepted liability for the collision, so the trial dealt primarily with damages.