Overview

Oatley Vigmond represented two young men who sustained catastrophic injuries in a 2003 motor vehicle collision. One client suffered a severe traumatic brain injury, while the other sustained a complete spinal cord injury that resulted in paraplegia.

Following a contested multi-week trial, the Ontario Superior Court awarded the clients combined damages of more than $24 million. At the time, it was the largest joint damages award in Canadian personal injury history.

Key Takeaways

  • Award amount: More than $24 million awarded to two clients
  • Accident type: Single-vehicle motor vehicle collision
  • Primary injuries: Severe traumatic brain injury and complete spinal cord injury resulting in paraplegia
  • Resolution method: Court award following a contested multi-week trial
  • TBI client’s award: More than $11.5 million, including pre-judgment interest
  • Spinal cord injury client’s award: More than $12.5 million, including pre-judgment interest
  • Notable legal issues: Contributory negligence, including the clients’ failure to wear seat belts and their knowledge that the driver had been drinking
  • TBI impact: Severe cognitive and behavioural impairments requiring 24-hour care
  • Damages assessed: Past and future income loss, attendant and future care, housing costs, and general and special damages

The Case

The clients were passengers in a pickup truck driven by a friend who had been drinking. The driver lost control of the vehicle, which rolled into a ditch and ejected its occupants.

One client sustained a severe traumatic brain injury. Although he could speak normally and appeared outwardly well, his injury caused serious cognitive and behavioural impairments, including impulsivity and poor judgment that placed his safety at risk. He was unable to return to work and required 24-hour care. Demonstrating the full extent of these less visible impairments was a central issue at trial.

The second client sustained a complete spinal cord injury that resulted in paralysis from the chest down. His damages were assessed at more than $12.5 million, including pre-judgment interest. The client’s experience is also shared through Oatley Vigmond’s Ryan’s Story testimonial.

The defence raised contributory negligence, arguing that the clients were not wearing seat belts and knew the driver had been drinking. Following the contested trial, the court assessed their combined damages at more than $24 million, subject to deductions for contributory negligence. The awards addressed their lifelong care requirements, lost income, accessible housing needs, and other losses arising from their catastrophic injuries.

Why It Matters

Traumatic brain injuries can cause profound cognitive and behavioural impairments that may not be immediately apparent to others. This case demonstrates the importance of presenting detailed medical and functional evidence to explain how a brain injury affects a person’s judgment, safety, independence, ability to work, and need for ongoing supervision.

The result also highlights the importance of carefully assessing future care needs and lifelong loss of earning capacity in catastrophic injury cases. The damages were intended to provide the financial resources required to support both clients’ long-term care, housing, and quality of life.