Winterton v Mercantile Mutual Insurance

The case of Winterton v Mercantile Mutual Insurance involved the plaintiff, Winterton, who had sustained a brain injury in a motor vehicle accident at the age of fourteen. The accident resulted in significant impairments, including gross and fine motor skill deficits and severe cognitive defects. The plaintiff also suffered a permanent impairment of his leg, rendering him unemployable. The dispute centred on the method of assessing damages for future care, pain and suffering, and loss of amenities or capacity for enjoyment. The court was tasked with determining whether the damages awarded by the lower court were assessed on the correct basis.

The primary legal issue before the court was whether the damages for future care, pain and suffering, and loss of amenities were calculated correctly. The court had to consider the appropriate methodology for assessing damages in cases involving severe personal injuries and disabilities, particularly when the plaintiff is a minor at the time of the accident. The court also needed to determine whether the lower court had erred in its assessment of the plaintiff's future needs and the impact of the injuries on his quality of life.

The court concluded that the lower court had not assessed the damages on the correct basis. The methodology used by the lower court did not adequately account for the plaintiff's future care needs and the impact of the injuries on his life. The court found that the lower court had not properly considered the extent of the plaintiff's disabilities and the resulting loss of amenities. Consequently, the appeal was allowed, and the original judgment was set aside. The court entered a new judgment in favour of the plaintiff, awarding damages of $2,355,429.07, along with public trustee charges of $218,872. The defendant was also ordered to pay the plaintiff's costs of and incidental to the appeal.