Law360 Canada ( December 21, 2020, 7:08 AM EST) -- Appeal by the plaintiff from a jury award for special and non-pecuniary damages in a personal injury action. She also argued the trial was unfair because the judge erred in his instructions to the jury and the respondents’ trial counsel also made unduly prejudicial comments to the jury. The appellant, then 43, was injured in a 2013 motor vehicle accident. She worked as a cashier and receptionist at a community centre and as a bookkeeper. She suffered soft tissue injuries that had resolved by the time of trial in 2018 except her right shoulder pain. A 2015 MRI showed a superior labral tear. There were also indications of tendinosis, bursitis and joint arthrosis. The appellant worked continuously from the date of the collision to trial, missing only two days of work. A significant issue before the jury was whether the appellant’s ongoing shoulder pain and related physical limitations were attributable to the collision. The jury awarded the appellant $53,239 in damages consisting of $15,000 for non‑pecuniary damages, $20,336 for costs of future care, $16,308 for future loss of earning capacity and $1,395 in special damages. The only costs in issue involved the MRI and gym membership. For special damages, the jury awarded the precise cost of the MRI....