FOR TORTS - Direct causal connection or link

Law360 Canada ( September 11, 2025, 11:31 AM EDT) -- Appeal by appellant from trial judge’s award of damages for personal injuries which arose from two separate motor vehicle accidents. The first accident occurred when the Appellant was a passenger in the front seat of her father’s car (the “First Accident”). The second accident occurred when the vehicle driven by her roommate hit black ice and collided with the vehicle in front (the “Second Accident”). The appellant testified that the Second Accident exacerbated her symptoms from the First Accident. She also testified that during the Second Accident, her knees touched or struck the dashboard. She stated that her knees became swollen and although she experienced minimal knee pain at first, the pain later became acute. Both actions were heard together, as were both appeals. The trial judge awarded the appellant non-pecuniary damages, damages for future loss of earning capacity, cost of future care, special damages and nothing for past loss of earning capacity. The appellant argued, among other things, that the trial judge erred in finding that the injury to her knee was not caused by the Second Accident, by not considering her alternate theory of causation regarding that injury and in assessing her damages for future loss of earning capacity. She sought a new trial. The respondents argued that the trial judge did not err in finding that the accidents did not cause the appellant’s knee injuries nor in assessing her damages for future loss of earning capacity....
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