The parties were involved in a motor vehicle accident. At the time of the accident the Plaintiff, MacDonald, worked as a registered nurse. At trial, Justice Murray found that MacDonald’s injuries left her unable to perform her own or any comparable job, and awarded her damages totalling $760,933.00.
Critically, the Court also held that MacDonald’s future loss of income damages should be calculated on a gross basis, without deductions for income tax, CPP, and other items. In making this finding, the Court concluded that Section 113BA (1) of the Insurance Act, RSNS 1989 c 231 did not apply to future losses.