This was a 15-day jury trial in Windsor, Ontario. Lawyers for the plaintiff were Joanna Sweet and Laura Nicola of Greg Monforton and Partners. Lawyers for the defendants were Nicole Rogers and Carolyn McKeen of Aviva Trial Lawyers.
The plaintiff was a 44-year-old contractor and property manager who was injured in a motorcycle collision in August, 2019. At the time of trial, he was 51-years-old. The plaintiff was riding his motorcycle straight through an intersection with the right of way when the defendant driver turned left in front of him, causing the collision. The defendant driver was operating the vehicle of the defendant owner, an auto dealership, with their consent. The plaintiff was wearing a full-face helmet and full-protective gear, and there was no evidence that he was speeding or otherwise driving in a manner that would attract liability. Liability was admitted near the end of the trial.
The plaintiff’s injuries included a subarachnoid hemorrhage, fractured vertebrae in the neck, a fractured scaphoid bone in the right wrist (he was right hand dominant), a fractured right femur that required a surgery to insert a titanium rod and a subsequent surgery to remove some of the hardware. The plaintiff was ultimately able to go back to work in his capacity as a property manager but could no longer do renovation work due to his injuries.
The plaintiff’s experts were neuropsychologist, Dr. Trevor Hjertaas; Treating psychologist, Dr. Chris Carreira; Treating orthopaedic surgeon, Dr. Graham King; Treating and Rule 53 occupational therapist, Matt Woodall (DMA Rehability); Rule 53 orthopaedic surgeon, Dr. Darrel Ogilvie-Harris; Certified Life Care Planner, Gareth Smit (Spencer Experts); Accountant, Gary Principe (Principe Nafekh). The defendants’ experts were orthopaedic surgeon, Dr. Bob Karabatsos and neuropsychologist, Dr. Paul Duhamel. The defendants also called four experts who assessed the plaintiff for post-104 IRBs: orthopaedic surgeon, Dr. Stephen Bartol; psychologist, Dr. Jay McGrory; vocational assessor, Kelly Bauer; and occupational therapist/functional assessor, Michelle Becker.
The defendants’ Rule 49 offer was less than half of the amount of the plaintiff’s Rule 49 offer. The jury’s verdict was returned on April 23, 2026, in the amount of approximately $1.8 million, before interest and costs, well exceeding the amount of the plaintiff’s Rule 49 offer. The breakdown of damages was as follows:
- General damages for pain, suffering and loss of enjoyment of life: $275,000
- Past loss of income: $221,000
- Future loss of income/earning capacity: $633,000
- Future care costs: $540,000
- Special expenses: $131,093
There will be no collateral benefits for future care costs and the parties agreed on a $51,566.33 deduction for past income replacement benefits received.
