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Fraser v. Persaud
  1. Background:

    • Jane Fraser involved in motor vehicle accidents in 2012 (at fault) and 2015 (not at fault).
    • Suffered chronic pain, fibromyalgia, depression, PTSD, and a mild head injury.
    • Claims to be mostly recovered from the 2012 accident by the 2015 accident.
  2. Claims:

    • Jane Fraser seeks damages for pain, suffering, income loss, and future care costs due to the 2015 accident.
    • Clint Fraser claims under the Family Law Act for loss of care and companionship, and for care services provided.
  3. Trial Issues:

    • Focus on whether the 2015 accident caused current impairments or resulted from pre-existing conditions or the 2012 accident.
  4. Defence Theories:

    • Claims Fraser's impairments stem from pre-existing issues and the 2012 accident.
    • Accuses Fraser of exaggerating symptoms for financial gain.
  5. Court Findings:

    • Court recognized Jane Fraser's credibility and hardworking nature.
    • Accepted her current disabled condition and need for future care.
    • Rejected claims of malingering, with most healthcare practitioners supporting her genuine struggle.
  6. Damages Awarded:

    • General Damages: $175,000.
    • Past Loss of Income: $116,382.
    • Future Loss of Income: $375,590 (subject to further submissions).
    • Future Medical Care: $342,278 (CPAP machine cost to be deducted).
    • Total Damages: $1,009,250.
    • Clint Fraser's Award: $25,000 for services provided.
JANE FRASER
Law Firm / Organization
Not specified
CLINT FRASER
Law Firm / Organization
Not specified
VISHUAL PERSAUD
Law Firm / Organization
Not specified
Lawyer(s)

P. Rollo

S. Sandhu

Superior Court of Justice - Ontario
CV-16-5017-00
Personal injury law
$ 1,009,250
Plaintiff