Case information

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Torts - Personal injury - Causation - Damages - Evidence - Expert opinion - Whether the courts below erred in law in failing to undertake a contextual analysis of the evidence and by not assessing the effect of the evidence on the expert opinions before rejecting the expert opinions - Whether the courts below erred in law by misapplying the causation principles as enunciated in Athey v. Leonati, [1996] 3 S.C.R. 458.

The Applicant, Anne Ellen Louise McNaughton (“McNaughton”), a registered nurse, was injured in a motor vehicle accident on March 13, 2000, in which her vehicle was struck from behind by a vehicle driven by the Respondent, Jennifer Ward. On May 29, 2000, McNaughton sustained a work- related injury. Following this, she received workers’ compensation benefits, then short-term disability benefits and employment insurance benefits. She then received long-term disability from January 2001 until July 2003. As a result of her injuries, McNaughton was only able to work occasionally and in 2004 and 2005, she did not work at all. The Applicant sued the Respondents, seeking damages in excess of $1 million. She claimed that the motor vehicle accident cause her permanent disability and left her incapable of earning an income. While the Respondents admitted liability, they denied that the motor vehicle accident caused or contributed to McNaughton’s ongoing medical problems. Kennedy C.J. of the Nova Scotia Supreme Court allowed McNaughton’s action in part, finding that the motor vehicle accident did cause McNaughton some injury for which the Respondents were responsible. However, he did not agree that the motor vehicle accident was a material cause to McNaughton’s continuing medical problems. The Court of Appeal dismissed McNaughton’s appeal.