In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages. The case is remarkable for the severity of its result as well as for the blunt deconstruction by the New Brunswick Court of Appeal (“NBCA”) of the argument that the trial judge’s denial of future loss of earnings is inconsistent with the award of non-capped general damages. The case also reinforces that in New Brunswick, Section B benefits are deductible from all heads of damages.
“Irreconcilable incongruity” in Plaintiff’s reporting disallows claim for loss of future income, Section B setoff avoids recovery of any damages
June 2018 Cox & Palmer, New Brunswick