Foong v Ghaly; Foong v McLellan

Foong brought claims against Ghaly and McLellan, both of whom were involved in separate motor vehicle accidents with the plaintiff. The plaintiff claimed substantial damages for the injuries sustained in the two accidents, seeking $20 million in total. The nature of the dispute centred on the extent of the plaintiff's injuries and the credibility of their claims, given that the evidence presented, including surveillance and social media records, contradicted the plaintiff's account of their disabilities and activities.

The court had to decide several legal issues, including whether the plaintiff had indeed suffered any injuries and, if so, the extent of those injuries. The court also needed to determine the admissibility of social media posts as evidence and whether they could be used to challenge the plaintiff's credibility. Another key issue was the assessment of damages, specifically considering the past economic loss and out-of-pocket expenses claimed by the plaintiff.

The court found that the plaintiff's claims were significantly undermined by the evidence tendered, which showed that the plaintiff engaged in activities and led a lifestyle inconsistent with their account of severe and ongoing injuries. The court concluded that the plaintiff's claims were grossly exaggerated and not credible. The court admitted the social media posts as evidence, finding them relevant to the plaintiff's credibility and the extent of their injuries. Consequently, the court awarded nominal damages of $1,250 for past economic loss and out-of-pocket expenses in each proceeding against the defendants.

The court reserved the issue of costs, allowing the plaintiff the liberty to apply for costs if necessary. The court's decision reflects a cautious approach to the assessment of damages, ensuring that the awards were commensurate with the evidence presented and the actual extent of the plaintiff's injuries.