Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses damages in personal injury cases.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Ms. Greenway-Brown was involved in a series of motor vehicle collisions in which she claimed to be rear-ended by a number of other vehicles. Ultimately she argued that she had suffered soft-tissue injuries that she deserved compensation for.
She was denied compensation on the basis of the fact that the injuries she suffered were not reasonably foreseeable as stemming from the low-impact, minor damage collisions that she had been involved in.
This was a missed opportunity for the Supreme Court of Canada to deal with the way that soft-tissue and the research that we now know is coming out in relation to minor accidents causing significant injuries and potential head injuries in a way that was reasonable and dealt with it from a common-sense perspective given the absence of expert evidence in this case and given the inference drawn by the trier of fact.
Watch the video for more.
