SSL v DJB, 2022 ABKB 828

Court of King’s Bench of Alberta Citation: SSL v DJB, 2022 ABKB 828 Date: 20221209 Docket: 1601 00889 Registry: Calgary Between: SSL Plaintiff/Defendant by Counterclaim - and - DJB and AL Defendants/Plaintiffs by Counterclaim - and – PL Defendant by Counterclaim _______________________________________________________ Memorandum of Decision of Honourable Justice W.P. Sullivan _______________________________________________________ [ 1 ] SSL, the Plaintiff, is 59. She was born in Trinidad and moved to Canada with her family in 1976.

In 1982 she finished high school and then went on to NAIT graduating with an accounting degree. Alberta is her permanent residence. She has worked for the National Energy Board in Calgary and her last employment, which commenced in 2004, was with the Canada Revenue Agency, [CRA]. She was an auditor and her files were exclusively dealing with non resident taxpayers. She has specialized in this area and was the only

person in the Calgary office that did “non resident” auditing. She had worked with the CRA for approximately 16 years. She was self- motivating and worked on her files without much direction. She is not presently employed. [ 2 ] In 1987 SSL married PL. They have two children, AL born in 1992 and AL, born in 1994. Both children are now independent and live on their own. SSL and PL are now separated. [ 3 ] SSL testified that she came to know the Defendant, DJB, in 2011. He was a member of a gun club to which her husband, PL, belonged.

On one occasion the DJB posted on a ‘web page’ that if any members of the club were interested in coming out to his farm to practice shoot they could “clean up his gopher problem”. [ 4 ] Initially, the Plaintiff and her husband went to the DJB’s farm. On a later date in September of 2015, the Plaintiff along with her daughter AL, went to the DJB’s farm to work with the animals.

AL was unemployed at this time. [ 5 ] The interesting feature here is that the Plaintiff, her husband PL, and the Defendant DJB had entered into a joint venture whereby the Plaintiff and PL would buy cattle, and the three of them would jointly take care of the animals and raise them until they were suitable for market. The animals would be sold and the Plaintiff, PL and DJB would split the profit. This was DJB’s plan. In April of 2015, they bought some cattle in this joint venture. From time to time the Plaintiff and her husband would go out to the farm to work with the animals.

DJB was primarily responsible for the cattle. [ 6 ] Being unemployed, AL decided that she would like to learn how to take care of the animals. On or about the 11 th of September she went to the ranch with her mother. They decided to stay at the ranch that night because AL wanted to remain on the farm. [ 7 ] The ranch represented a large operation with outbuildings. equipment and animals. The residence was a two bedroom bungalow. SSL and AL slept in one room on the main floor of the house. While AL and DJB were caring for the animals, SSL would cook, clean and wait.

At the end of the first day AL wanted to stay another day. Day by day AL would say “I want to stay another day, I want to stay another day.” SSL had a couple vacation days saved up so she used the vacation days to stay on the ranch with her daughter and DJB. By the time Wednesday, September 16 th rolled around, SSL and AL had been at the ranch for nearly a week. [ 8 ] On September 16 th very early in the morning at approximately 5:30 a.m. SSL decided that they were leaving and that AL was returning with her to Calgary.

DJB on learning this, came into the room where SSL and AL were staying, stating “she is not going with you” and he shoved SSL. SSL fell back and fell on her rear. DJB grabbed her and pulled her from the room. He told her repeatedly that AL is not going home with her and began punching and kicking SSL repeatedly. She was trying to cover up and protect herself. She testified, “He was kicking and punching me,” “he was punching me on the arms, legs, back and butt.” SSL testified that DJB was so angry that he was shaking. She says she got up and went into the living room and retreated to the couch.

There was a towel on the couch and pillows and she tried to protect herself. SSL testified that every time she ask DJB “why are you not letting me talk to [AL]” he started to whip her with the towel that he took from her. SSL tried to protect herself with a pillow, but that DJB was “way stronger than I am”. Finally, DJB stopped and he went to get AL. They then both left to work on the ranch and SSL stayed behind. When they came back at about 11:00 a.m.

SSL stated again that she wanted to see AL and they went into their room to talk. [ 9 ] SSL advised at this time in her evidence that she never called the police because “I was shocked and I wanted to get my daughter and get out of there. I was more interested in getting away with my daughter than I was in having a problem and calling the police”. [ 10 ] She said that DJB was “... brutally beating me up”. [ 11 ] It was at this point that AL decided that she would leave with her mother. They had lunch and then AL went to her room.

SSL went into the room behind AL and locked the door, telling her daughter that “its dangerous here” but AL again changed her mind and would not leave. [ 12 ] While they were in their room, DJB jimmied the door, grabbed SSL by the neck with his hands and was choking and squeezing her, pulling her out of the room. While they were out DJB produced a letter for her to sign and she did. This letter released SSL and PL from all ownership in the animals. After SSL signed the letter DJB then grabbed her and threw her out through the patio doors.

In her testimony, SSL demonstrated how she was grabbed under her armpits from behind. She returned and re-entered the house through another door to get her personal belongings. Her daughter, AL, helped SSL and then escorted her out of the house. [ 13 ] SSL then left the home without AL. [ 14 ] While she was leaving and driving away she was followed by DJB and AL and was receiving text messages from AL “pull over”, but SSL did not. She then received a text message from AL stating that “we are going to the Innisfail RCMP”. DJB forced SSL off the road with his vehicle.

When DJB got out of his vehicle to approach SSL she was able to escape. She drove down to Highway #2 and headed south to Calgary. [ 15 ] SSL went to her apartment where she slept. At 2:00 a.m. she woke up. She phoned her husband and told him that she was beaten up. PL then said “we must go to the Innisfail RCMP” and he picked her up at her apartment and drove her to Innisfail RCMP, arriving at about 4:00 a.m. The police took pictures of SSL’s bruises. SSL wrote a report. On the recommendation of the RCMP, SSL went to the Innisfail Hospital.

The injuries that were noticed were itemized and noted (Tab 1 of exhibit 1). While SSL agreed that she suffered no cuts and there was no blood, she states that she suffered bruised ribs, which was not itemized and noted at the hospital. She was prescribed Advil and rest. She said that she was emotionally sad and her whole body was in pain. SSL went to her family physician, Dr. Jackie Stewart, the next day. A full examination was conducted, and x-rays were taken. No broken bones were found.

SSL was again prescribed Advil for pain. [ 16 ] For the first week following this event, SSL testified that she was quite sore with some healing. In the second week, it was quite painful and it took approximately a month for her ribs to heal. She did not go to work. Her work history is itemized (Tabs 3 of

Exhibit 1). Mentally at this time she was suffering fear and anxiety. DJB was still at his ranch with AL, and SSL had not heard from AL. In fact, SSL testified that she did not hear from AL for 5½ years after this event. [ 17 ] SSL began counselling with Dr. Patricia Miller, a registered psychologist. For the first three years, she attended once every three weeks. SSL stated that she is re-living her PTSD. She saw her counsellor again, just days before the trial. SSL is demonstrating significant stress as a result of this trial and being put through this matter again.

Normally SSL sees her counsellor once every three or four months. Her counsellor is “good at bringing me down”, referring to her emotions and anxiety level. [ 18 ] After 5 ½ years of grieving for her daughter, AL, having nightmares and re-living the assault, AL returned. [ 19 ] SSL says when she has a nightmare or relives the assault she sees DJB’s viciousness and his violent face. She suffers a sleeping disorder which continues to this day and she struggles to sleep properly. She takes medication on an ongoing basis. She has had thoughts of suicide but for her children’s sake, she does not commit that act.

SSL stated that Dr. Miller diagnosed her with PTSD, hyper anxiety disorder and depression. She suffers from isolation. [ 20 ] SSL’s first day back at work was November 12, 2015. She started back part-time, three days a week. On the same day she started back, AL and DJB entered SSL’s home while she was at work and removed all the documents that she had in her residence relating to the assault. [ 21 ] SSL testified that her work team leader was harassing her and berating her in front of fellow employees because SSL would not get her work done on time.

She gave evidence that she had a full workload notwithstanding that she was only working part time while on medical leave. She suffers from loss of concentration and she is not able to learn. She consequently is not able to learn another discipline. [ 22 ] The Exhibit outlines the report containing her work history.

SSL followed her doctor’s advice regarding work. [ 23 ] She returned to work intermittently because she needed the money. [ 24 ] SSL testified that she was continually harassed at work by her team leader and she would be triggered by his actions at work. [ 25 ] Eventually SSL stopped going to work, and she applied for long term disability, which she received starting December 22, 2017. She received disability from Industrial Alliance for two years and then began receiving CCP in January of 2018 due to her medical condition. [ 26 ] She stated that her plan was to work until age 65 with the CRA.

She was specialized, she enjoyed her work and she was a valued and well liked employee except for when she developed a problem with her team leader after this assault. All her plans are on hold for the future. [ 27 ] SSL never went back to the ranch. Since this assault, she continues to do her daily walking which she did before as well as yoga and listening to music.

She has taken a few vacations since this incident because her counsellor tells her to get away, to try and forget and to try and have a normal life. [ 28 ] SSL’s counselling costs her $62 per session and to date she has had to pay that on four occasions, otherwise it has been paid by her insurer. The assault has had no impact on her ability to do her housekeeping. [ 29 ] I accept the Plaintiff’s evidence as accurate and as a fact. [ 30 ] SSL’s husband PL testified. He is 65 years of age and retired from the City of Calgary. He stated that they were married in 1987.

PL knew DJB and his business relationship with him commenced in 2015. PL related how on learning about the assault, he picked SSL up at her condo and they went to Innisfail to the police station and then the emergency department. PL took the photos of her bruising (Tab 2 of Exhibit 1). PL stated before the assault she was “a good wife. She did everything for her girls.” “She was a happy person”, “she slept well” and they “went out”. They travelled to the United States and Europe. On weekends SSL would go to the farmers’ market to purchase food for meal preparation.

PL testified that since the assault SSL has become withdrawn, suffers mood changes, is frightful of her surroundings and scared. She has trouble sleeping and is depressed. He says that she has psychological issues now. SSL moved and sold her home so that the DJB would not know where she lived. I accept PL’s evidence as accurate and factual. [ 31 ] Dr. Brian A. Pedersen testifed and his report and his detailed CV is in evidence. Dr. Pedersen was qualified to give expert opinion evidence in the practice of family medicine with an emphasis on psychology.

He testified before the court that half of his patients are individuals who suffer from psychological issues. He received his degree as a doctor in medicine in 2002 from the University of Calgary and completed his residency in family medicine in 2004. Since then, he has practised medicine in Calgary and has a distinguished history in his field. [ 32 ] Dr. Pedersen’s report and his oral testimony confirm that prior to the assault in question on September 16th, 2015, the Plaintiff was a healthy individual and had no prior psychological issues. She had no ongoing major medical condition.

Upon being referred to exhibits, including his report at Exhibit 1, Tabs 1 and 2 which confirm the report from the Innisfail Hospital, he testified that SL was experiencing generalized pain throughout her body and trauma to her throat. He testified that she only suffered soft tissue injuries as a result of this assault and that her injuries were consistent with an assault. He stated that SSL began to recover after about three weeks. Dr. Pedersen recommended that SSL continue with ongoing counselling and that it was his impression was that she had “ongoing trauma and a PTSD disorder”.

Throughout the years to the present time, Dr. Pedersen testified that her condition has “waxed and waned”. He was taken through numerous exhibits relating to his reporting on her condition and letters to her employer with respect to attending work and having time off. His evidence is that at the time of trial there has been no change in her condition of late. [ 33 ] In his expert report, Dr. Pedersen states “that assessments from The Family Psychology Place” and in numerous follow up appointments with himself,

It is my medical opinion that [SSL]sustained multiple soft tissue injuries to several areas on her body as well as profound psychological trauma that persists to the present as a result of the incident, on the 16th of September. He goes on: According to the medical records from Innisfail, [SSL] presented to the emergency on the advice of the RCMP to be assessed as she was experiencing significant pain. The report stated that an alleged assault took place on September 16, 2015 between 05:30 hrs and 14:00 hrs by a family friend.

It was reported that she had her hair pulled, was punched, kicked, choked, shoved, and hit by a towel. The emergency documented injuries on a trauma record showing numerous bruises to the back and front of the right upper arm, the back and front of the left upper arm, the back and front of the right forearm, to the right buttock, the front of the right upper leg, the front of the lower left leg, and to both sides of the neck. Also documented were abrasions to the left middle finger and the right fifth finger. Dr.

Jackie Stewart at our clinic re-examined [SSL] and documented a similar exam with the additional findings of a tender trachea and scratches to the side of the throat. [SSL] presented to our clinic due to experiencing increasing pain. Dr. Stewart requested x-ray imaging of her chest, ribs and cervical spine. These images showed no acute abnormalities or fractures to the bones imaged. In addition, a thyroid ultrasound was requested due to throat pain and showed no acute sonographic abnormalities. [SSL’s] soft tissue injuries persisted through to the first week of October, 2015.

In addition to physical injuries, [SSL] sustained profound psychological trauma that persists to the present. [SSL] required several weeks off of work, and was never able to return to full time hours due to her persistent psychological trauma. [SSL] required psychological counseling through The Family Psychology Place and continues to require long term psychological therapy. [SSL] was diagnosed with Acute Stress Disorder, Panic Disorder, and subsequently Post-traumatic Stress Disorder. Her symptoms included hyper-vigillance, nightmares, panic, emotional deregulation, helplessness and hopelessness.

It should be noted that in the 10 years prior to the above incident that I had been attending to her medical care, [SSL] did not have any mental health disorders. On October 2, 2015, due to her declining mental health, I prescribed quetiapine (Seroquel) in order to assist where sleep and her severe anxiety. She has also been on Cymbalta for two years between September 2017 and September 2019 for depression and anxiety. Ongoing stressors including attempting to return to work and legal issues arising from the above incident significantly contributed to her anxiety and emotional distress.

Presently, [SSL] continues in counseling, and continues to have Post-traumatic Stress Disorder symptoms, hyper-vigillance and feeling the need to look outside her house before she leaves, anxiety, nightmares, flashbacks, feelings of guilt, and a low mood. [SSL] had not been able to return to full time work until she retired. It is my medical opinion, that [SSL] sustained multiple soft tissue injuries that were wide spread on her body, as well as the profound and persisting psychological trauma following the incident listed above.

The physical and psychological injuries sustained were directly related to the above incident. Although her soft tissue injuries healed, it is my opinion that the resulting psychological consequences from that incident will continue to persist to various degrees permanently. [ 34 ] I accept Dr. Pedersen’s evidence. [ 35 ] Dr. Patricia Miller is a registered psychologist at The Calgary Therapy Institute, who specializes in trauma and psychological injuries resulting from trauma. Fifty percent of the individuals that Dr. Miller works with are women.

Her main area of work is in the assessment and treatment of trauma. I qualified her as an expert in assessment of trauma and treatment. Her resume is extensive and details many years working in this specific area. Dr. Miller prepared an expert report filed November 25, 2021. The report contains three opinion letters. The first letter regarding the Plaintiff SSL is dated December 6, 2015: [SSL] presented for her first appointment on October 2, 2015 with her ex-husband. She presented quite distressed and overwhelmed.

Her ex-husband was supporting and stayed in the room for the initial session. [SSL] has been staying with her ex-husband at his home since the assault, due to the physical and psychological impact of the attack. [SSL] did attend a second appointment on her own (October 5, 2015). Further detailed information is contained in the following pages.

CLIENT SYMPTON REPORT: With respect to mental/emotional status [SSL] reported: • Hyper-arousal and startle response • Terrifying dreams that the perpetrator would come get her, was choking her and repeated loss of her daughter • Lack of sleep, unless medicated (prescription medication prescribed by family doctor) • Repeated processing of the assault and escape back home • Intense emotions including extreme sadness, terror and helplessness • Significant sense of despair • Afraid of being alone, so living with ex-husband • Avoidance of contact with people beyond immediate family • Panic • Lack of need to eat or take care of basic needs • Lack of concentration and focus

Dr. Miller’s impressions are as follows: IMPRESSIONS: Based on all information received from [SSL] during the clinical interview and collaborative interview with [PL], [SSL] shows symptoms consistent with Acute Stress Disorder.

She self-reports that she experienced physical and psychological trauma: • Being pushed into a wall • Being choked until she started going unconscious • Having her hair pulled and being dragged across the floor • Being slapped • Punched • Kicked • Swore at • Threatened • Chased down the highway by the perpetrator in his truck The client also describes the horrific assault as psychologically distressing because her adult daughter refused to help her and watched as her mother was assaulted. At one point the daughter did tell the perpetrator to stop, specific to [SSL] being choked by the perpetrator [(DJB)].

At that point, the perpetrator did stop choking [SSL] before she went unconscious. In the second letter dated February 27, 2018, Dr. Miller states: She is currently unable to work, due to the severity of her post trauma symptoms (due to an assault and family loss) and harassment by one of her managers. The present harassment she is experiencing in her workplace has further compounded the Post-Traumatic Stress Disorder that she was learning to manage. [SSL] is under the medical care of her family doctor and is currently taking a SSRI. (The medication: mood stabilizer). In this letter Dr.

Miller confirmed that SSL is suffering from post traumatic stress disorder and major depressive disorder. On February 27, 2018, Dr.

Miller found that the symptoms as reported to her by SSL were as follows: “CLIENT SYMPTOM REPORT: With respect to her mental health, [SSL] reported: • Panic attacks in the workplace • Avoidance of workplace and social situations • Reduce concentration and focus • Anxiety and dread around returning to work and being harassed • Changes in sleep • Intrusive dreams • Changes in mood: significant emotional de-regulation • Fatigue related to anxiety and activations • Reduced concentration and focus • Hyper-vigilance and over processing around cognitive schema’s related to returning to work and harassment • Increased anxiety/panic specific to stress related to her insurance claim • Suicidal thinking (no plan) [ 36 ] In her third letter of May 11, 2018, Dr.

Miller goes on to say that the current diagnosis is essentially the same. SSL continues to suffer post traumatic disorder, panic disorder and major depressive disorder: Since the original assault dated September 16 th , 2018, [SSL] continues to be plagued by post-traumatic stress disorder and a concurring disorder of major depression. She has been placed on long-term disability by her family doctor, which has allowed [SSL] to try to deal with the severity of her mental health concerns. [SSL] had previously been on a short-term and then a modified work, week. The

precipitating issue for [SSL] to go on long-term disability was that she had a boss that was abusive in her workplace. This issue has beenreported to her HR department and will hopefully be addressed before her return to work. Unfortunately, due to the severity of theoriginal post-traumatic stress disorder from the assault [SSL] was not able to manage the abuse concerns in her workplace that furtherinduced the severity of her trauma symptoms. [37] In her oral testimony, Dr.

Miller was clear that one of the effects and one of the causes of the traumatic experience and thereason it did not end was because her daughter was still on the farm at the location of the assault with the perpetrator. This was a sourceof continuing aggravation. One of Dr. Miller’s goals was to try and mitigate SSL’s personal trauma and to mitigate her fear for herdaughter as well as her continued fear that the perpetrator was watching her. Dr.

Miller stated that the panic attacks were feeding on eachother and the fear of having a panic attack would cause a panic attack, which was complicated by the fact that SSL’s daughter was stillon the farm where the assault took place. [38] It was Dr. Miller’s opinion that SSL’s condition will last a lifetime and that the only treatment modality that will work will beto attempt to “mitigate, not solve, to manage, not cure.” She found it particularly significant that the act of violence included an attemptat strangulation. It was her evidence that this is not erasable. [39] I accept Dr.

Miller’s evidence. [40] Marty Horstein, Professional Business Accountant, testified. I qualified him as an expert in accounting and loss of incomecalculation. I find his estimates and calculations are based on the evidence that I heard and are accurate. Mr. Horstein reviewed thedocumentation with respect to SSL’s income prior to and at the time of the incident up to the date of trial. He noted that SSL had a unionposition which made it easy for him to determine her income. His report is contained at Tab 26 of Exhibit 1. His report was detailed andclear. I accept his calculations as accurate. Mr.

Horstein noted that SSL was required to retire from her position at CRA as of December3, 2019. At the time of the assault, SSL was earning $63,848 per annum. Her ongoing full time potential earnings are based on theCollective Bargaining Agreement between the union and the government. Mr.

Horstein calculated SSL’s loss of income due to theassault, determining what her actual income was prior to the assault and subsequent thereto, for the years 2015 to 2020 by deductingfrom that number the amounts that she actually earned through part time earnings, EI benefits, Industrial Alliance long term disabilityinsurance, and CPP disability. [41] Mr. Horstein calculated SSL’s total loss of past income resulting from the assault at $73,400. [42] With respect to her future loss of income, Mr.

Horstein stated: It is reasonable to assume that [SSL] would have worked until the age of 65 had the assault not occurred. Had she done so and her salaryremained consistent over those years, [SSL] would have earned eight years of salary in the amount of $565,800. Instead, over those eightyears, [SSL] will receive approximately $339,500 from an estimated Pension income of ($265,000) and an estimated disability income of($74,500) during this period. This is an estimated future income loss of $226,300.

To age 65 [43] He concludes that “until age 65 [SSL’s] loss of income can be reasonably estimated at $299,700. [44] I accept Mr. Horstein’s evidence as reasonable and accurate and find that SSL’s total loss of income past and future is$299,700. [45] The Defendant did not appear. At the conclusion of the Plaintiff’s case and the Defendant not appearing, (the matter beingordered peremptory as regards his attendance for this trial), I dismissed the Defendant’s Statement of Defence, and this case proceeded asan assessment of damages.

Judgment dismissing the counterclaim against SSL and PL was granted by order of this Court on July 20,2017 and the action against AL was discontinued. [46] The case of Crampton v Walton, 2005 ABCA 81, at page 3: 3 The law relating to the tort assault is well settled in Canada. The onus is on the plaintiff to establish he was assaulted and sustained aninjury.

The plaintiff will then succeed unless the defendant proves the assault was justified and was not made with unreasonable force:Mann v Balaban, (SCC), [1970] S.C.R. 74 at 87. [47] In Hollingshead v O’Reilly, [2020] AJ No 1399, Justice Neufeld of this court awarded damages where he found physical andpsychological injuries, including a head injury, concussion, headaches and psychological injuries as well as emotional and mentaldistress. He further found post traumatic stress disorder. He stated at para 11: [11] During the assault, Ms. Hollingshead suffered a variety of physical injuries.

These included a concussion, abrasions, andbruising to her legs, torso, hands, arms and face. She reported frequent headaches, nausea and disorientation in the months following. ... [12] Of more long-lasting effect were psychological injuries resulting from the attack. Ms.

Hollingshead suffered, and continues tosuffer from post traumatic stress disorder and generalized anxiety disorder. [48] Based on the circumstances in Hollingshead, with facts similar to the case before me, Justice Neufeld awarded generaldamages in the amount of $100,000. [49] At para 44 of Hollingshead, Justice Neufeld quoted: [44] In Prosser v. 20 Vic Management Inc, 2009 ABQB 177 more specific factors were suggested, including (

a) whether the

plaintiff has been rendered less capable overall of earning income from all types of employment,(

b) whether they are less marketable orattractive as an employee (

c) whether they have lost the ability to take advantage of opportunities that might have become available , and(

d) whether they are less valuable to themselves as a person capable of earning income in a competitive labour market. [50] In Prosser, the court noted that the plaintiff had ongoing PTSD, such that she feels trapped and has panics (or is panicked) ina classroom setting. [51] Referring to Prosser above, I find that SSL has been rendered less capable overall of earning an income from all types ofemployment. She is less attractive as an employee and likely unemployable based on her condition.

Although she has not lost the abilityto take advantage of opportunities that might become available, her income from employment is at an end. I have no doubt that SSL ismuch less capable of earning an income, that the evidence shows that there has been a complete loss of earning capacity, as found by Mr.Justice Ritter as he then was in Beger v MacAstocker Estate (Public Trustee of), (AB KB), [1996] AJ No 985 atpara 159. I am also satisfied that SSL has suffered both a significant physical injury and significant psychological injury. As stated byJustice Hawco in Ye v McConnell, [2001] AJ No 79 at para 55: ...

There are not a lot of authorities dealing with damages for what I might refer to as “pure psychological injuries”. In Beger v.MacAstocker Estate, (AB KB), [1996] A.J. No. 985, Ritter, J. of this Court awarded the plaintiff general damages of$70,000 for PTSD. In Engel v. Engel, [2000] B.C.J. No. 1794, Ralph, J. of the B.C. Supreme Court awarded $50,000 for psychologicalinjuries. Madam Justice Paperny of our Court reviewed a number of the decisions involving psychological injuries in Whitfield v.Calhoun, 1999 ABQB 244 , [1999] A.J. No. 357.

She awarded general damages in the amount $85,000 having found theplaintiff to be limited in both social and occupational function. ... I am of the view that Mr. Ye should be compensated in the amount of $70,000 as general damages for his injuries, which he has nowsuffered for almost four years and will suffer for probably another year. Costs: [52] I have reviewed the Bill of Costs produced by counsel for the Plaintiff and find his amount of fees, $33,275.00 and his claimfor disbursements, $10,420.11 to be reasonable and in accordance with Column 3 of

Schedule C. Conclusion [53] (

a) General damages in the amount of $100,000; (

b) Loss of earning capacity $299,700; (

c) Costs in the amount of $43,720.86. Heard on the 17th and 18th days of October, 2022. Dated at the City of Calgary, Alberta this 9th day of December, 2022. W.P. Sullivan J.C.K.B.A. Appearances: Christopher P. Rappel for the Plaintiff

No one appearing for the Defendant