<Example of how the damages can be assessed when tortfeasor’s liability is admitted>

-Tortfeasors are not liable in an action in Ontario for damages for expenses that have been incurred or will be incurred for health care resulting from bodily injury arising directly or indirectly from the use or operation of the automobile unless, as a result of the use or operation of the automobile, the injured person has died or has sustained permanent serious impairment of an important physical, mental or psychological function.

-The plaintiff and his wife brought an action for damages against the drivers of all three vehicles that were involved in the accidents. Liability for the accidents was admitted.

-General damages were assessed against the defendant in the first accident at $70,000; against the defendant in the second accident at $22,000; and against the defendant in the third accident at $22,000.

Damages for past income loss, without any deduction for no-fault benefits, were assessed at $41,000.00. Damages for future income loss were assessed at $55,000.00.

As the plaintiff was totally disabled as a result of the first accident, the defendants in the second and third accidents were not liable for any of that amount.

-Before the accidents, plaintiff and his wife were active together. As a result of the plaintiff’s injuries, his wife felt that she had lost the companionship of the man that she married.

The wife’s damages under the Family Law Act were assessed at $8,000.