AAI Limited v McQuitty

AAI Limited appealed against a judgment entered in favour of McQuitty following a car accident. McQuitty had suffered multiple injuries, including a closed head injury and severe traumatic brain injury, as a result of the accident. The appeal raised several issues concerning the assessment of damages for personal injuries, including the trial judge’s failure to consider McQuitty’s pre-existing personality traits as a pre-existing condition, the method of assessing damages for past and future care, and the calculation of future care costs.

The Court of Appeal considered whether the trial judge erred in not deducting any part of the injury scale value for McQuitty’s pre-existing personality traits. The Court found that there was insufficient evidence to determine whether McQuitty had a personality disorder before the accident and that the trial judge did not err in not deducting any part of the injury scale value for a pre-existing condition. The Court also considered whether the trial judge erred in fixing the injury scale value without considering relevant factors, but found no error in the trial judge’s approach. Regarding past care, the Court held that the trial judge did not err in awarding compensation for past care based on what was needed by McQuitty at the commercial cost of care, rather than what had actually been provided. Finally, the Court held that the trial judge did not err in using agency rates to calculate the compensation for future care or in assessing McQuitty’s life expectancy.

The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of and incidental to the appeal. The Court held that the trial judge’s approach to assessing damages for personal injuries was correct, and that there was no error in the trial judge’s assessment of damages for past and future care. The Court found that the trial judge had appropriately exercised his discretion in fixing the injury scale value and in assessing damages for past and future care.