Law360 Canada ( June 26, 2024, 1:00 PM EDT) -- Claim by Michael for damages arising from a motor vehicle accident. Michael suffered major physical and psychological injuries when she was hit in a head-on collision while riding her motorcycle. She was on her way home when the car driven by the defendant crossed the centre line and collided with her motorcycle. Her physical injuries required surgeries and left her with chronic pain and limited mobility. She developed a severe mental illness because of the accident and had to move to a place where she had more access to medical providers and family. The defendant admitted liability. He also admitted that Michael was not presently able to work. However, there was disagreement on whether she could return to work in the future to determine the appropriate award of non-pecuniary damages. Michael’s counsel argued that she should be awarded $430,000 which was close to the current rough upper limit for non-pecuniary damages. Counsel submitted that Michael’s severe depression had a catastrophic impact on her life, warranting an award at the upper limit. Counsel further stated that the court should recognize that a severe mental illness that was caused by the defendant’s negligence should be treated on an equal footing with physical injuries such as paralysis or a brain injury when it had a debilitating effect on her life. The defendant argued that non-pecuniary damages should be in the range of $225,000 to $275,000....