2 Mar 2023
Fraser v. Persaud
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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.
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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.
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Trial Issues:
- Focus on whether the 2015 accident caused current impairments or resulted from pre-existing conditions or the 2012 accident.
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Defence Theories:
- Claims Fraser's impairments stem from pre-existing issues and the 2012 accident.
- Accuses Fraser of exaggerating symptoms for financial gain.
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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.
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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.
Court
Superior Court of Justice - Ontario
Case Number
CV-16-5017-00
Practice Area
Personal injury law