Executive Summary: Key Legal and Evidentiary Issues

• Liability for both accidents was admitted, but the extent of damages, particularly regarding loss of earning capacity and chronic pain, was contested.

• Ms. Prasad’s pre-existing medical conditions, including chronic pain, diabetes, and psychological issues, complicated the assessment of causation and damages.

• The Court had to weigh expert evidence that conflicted on the permanency and impact of Ms. Prasad’s injuries.

• The Court accepted that the accidents caused significant exacerbation of pre-existing conditions, resulting in chronic pain and reduced employability.

• Damages awarded included non-pecuniary damages, past and future loss of earning capacity, and housekeeping capacity, totaling approximately $661,009.

• The credibility of witnesses, especially expert witnesses, and the plaintiff’s work history and pre-existing conditions played a major role in the outcome.

Facts of the case

Background and accidents

Ernestine Prasad, a civilian employee of the Royal Canadian Mounted Police (RCMP), was involved in two motor vehicle accidents: one in June 2017 and another in October 2018. In both instances, she was rear-ended while stationary at traffic lights. Before the accidents, she had several health issues, including diabetes, depression, chronic pain from a previous 2012 accident, and workplace grievances with the RCMP, but she maintained full-time employment.

Following the accidents, Ms. Prasad claimed severe aggravation of her pre-existing conditions, leading to permanent disability, inability to work, and significant impairment in daily living and social activities. Although the defendants admitted liability for the collisions, they argued that most of her damages were due to her pre-existing conditions rather than the accidents.

Medical and employment history

Before the accidents, Ms. Prasad managed her work with accommodations despite significant health issues. She returned to full-time work in 2016 after a labor dispute and worked until the first accident in 2017. Afterward, her conditions worsened, including chronic widespread pain, depression, and somatic symptom disorder. Ms. Prasad never returned to work, ultimately medically retiring from the RCMP in 2022.

Evidence showed Ms. Prasad required significant accommodations even before the accidents and had a complicated work history, but expert testimony (particularly from Dr. Waseem and Dr. Devlin) supported that the accidents substantially worsened her physical and psychological health. Conflicting medical opinions were presented, but the Court favored the plaintiff’s experts over defense experts who downplayed her post-accident conditions.

Outcome of the case

Justice Whately found that the accidents caused significant exacerbation of Ms. Prasad’s pre-existing conditions, resulting in her current state of chronic pain and major depressive disorder. The Court concluded that her ability to work was significantly impaired by the accidents, despite her complicated medical history.

The Court awarded Ms. Prasad total damages of $661,008.80, broken down as follows:

• $150,000 for non-pecuniary damages (pain and suffering)

• $185,000 for past loss of earning capacity

• $263,250 for future loss of earning capacity

• $61,350 for loss of housekeeping capacity

• $1,408.80 for special damages (out-of-pocket expenses)

Justice Whately emphasized that while Ms. Prasad had significant pre-existing vulnerabilities, the accidents materially worsened her condition, making the defendants liable for the compounded damages. Costs were awarded to Ms. Prasad as the successful party.