Case information

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Damages - Compensatory damages - Compensation for loss of future income - Appeals - Standard of review of jury finding - What is the appropriate standard to review a jury’s verdict on the basis that it is unjust and unreasonable? - Did the Applicants meet the evidentiary burden that there was a real and substantial possibility that Andrea Lazare would suffer a loss of income in the future because of her injury, based on the evidence call by them and accepted by the jury? - Is it open for a jury to accept the evidence that Andrea sustained general damages in the amount of $290,000.00 on the balance of probabilities and reject her claim for loss of future income which requires a lesser onus of proof?

The Applicant Andrea Lazare was struck by the car owned by the Respondent Harvey and driven by the Respondent Bailey as she stood on the median. She was a 21-year-old student starting fourth year university at the time, and she suffered extensive injuries. The most significant injury was to her left leg, which developed into a life-long condition called lymphedema. The Respondents admitted liability and brought no evidence at trial. In a trial by judge and jury, the jury assessed the Applicant’s non-pecuniary damages at $290,000, loss of past income at $30,000, loss of future income at zero, and damages under the Family Law Act, R.S.O. 1990, c. F.3 in the total amount of $43,300. The Applicant appealed the decision to award zero damages for loss of future income.