Law360 Canada ( June 27, 2022, 9:35 AM EDT) -- Action by Rattan for damages for personal injuries sustained in a motor vehicle accident. On August 25, 2017, Rattan was a front seat passenger in a vehicle driven by her son. As they drove through an intersection, their vehicle was struck on the driver’s side by a car turning left. The impact pushed their vehicle into the merge lane, where it was struck by another vehicle. The defendants admitted liability. Rattan was 48 years old at the time of the accident. It was common ground that she suffered a mild traumatic brain injury/concussion in the accident, which caused disabling migraine headaches for a significant period. It also was not in dispute that Rattan suffered soft tissue injuries which led to restrictions in her ability to fully perform tasks at work and in the home. However, the defendants disputed the extent of the impact of Rattan’s injuries. Rattan’s medical records suggested that she experienced right hip pain for an extended period in 2016 and 2017. She was diagnosed with right trochanteric bursitis and iliotibial band inflammation. Rattan worked for the federal government and was off work for 17 months following the accident. She started a graduated return to work program in January 2019. She went off work entirely at the end of November 2021. Rattan was seeking an award of $1.7 million for loss of future earning capacity and $213,000 for the cost of future care. The defendants argued that Rattan did not establish entitlement to any award of damages for future income loss and they proposed an award of $30,000 for the cost of future care. Rattan was seeking an award of $180,000 for non-pecuniary damages while the defendants submitted that an appropriate award under that heading would be in the range of $100,000 to $120,000. Rattan was also seeking an award of $230,000 for what she characterized as her lost pension benefits. The defendants took the position that Rattan’s damages, under all heads, should be reduced by 25 per cent to account for pre-existing conditions and intervening causes....