The Honourable Justice S. Ramsay presided over this case, with judgment delivered on September 17, 2024. The plaintiff, Jennifer Roberts, was involved in two motor vehicle accidents. The first accident on September 17, 2012, was caused by the defendant, Joel Kenneth Colbourne, who rear-ended Roberts. The second accident occurred on August 18, 2017, involving an RCMP vehicle. The injuries from the first accident were aggravated by the second. Roberts was also diagnosed with rheumatoid arthritis (RA) during this period, complicating her overall recovery. Both defendants admitted liability, and the case focused on the assessment of damages.

Roberts’ injuries included chronic pain in her neck, shoulders, and back, as well as driving-related anxiety. The court found that the second accident exacerbated her pre-existing injuries, and while her RA was unrelated to the accidents, it complicated her recovery. A key legal question was whether the injuries from both accidents were divisible or indivisible, with the court ruling them largely indivisible due to the aggravating effects of the second accident.

Damages Awarded:

• Non-pecuniary damages: Initially assessed at $140,000, these were reduced by 5% due to the plaintiff’s failure to seek timely treatment, resulting in a final award of $133,000. The court considered her chronic pain, anxiety, and the significant impact on her daily life, including her inability to perform household duties or engage in activities she previously enjoyed.
• Past loss of earning capacity: The court awarded $36,000 for the period between the first and second accidents. Roberts was found to have reduced earning potential due to her injuries, though she was able to work part-time. For the period after the second accident, an additional $24,000 was awarded, reflecting the continued impairment of her ability to work.
• Future loss of earning capacity: Roberts was awarded $73,000 for her reduced ability to work in the future. The court considered her young age and the chronic nature of her condition, concluding that her injuries would limit her job opportunities and earning potential over the long term.

Roberts faced credibility challenges in her case, particularly related to downplaying the effects of her rheumatoid arthritis, which was a complicating factor in her recovery.

This brief summary is provided for informational purposes only and should not be relied upon for any legal purpose.