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Gray v. Macklin

[2000] O.J. No. 4603 (Ont. S.C.J.) (Canada)

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Gray v. Macklin

Ontario Superior Court of Justice

[2000] O.J. No. 4603 (Ont. S.C.J.) (Canada)

Facts

When Edward Macklin (defendant) crashed his car, passenger fifteen-year-old Michelle Gray (plaintiff) suffered brain injuries that meant she would never be able to work. Before the accident, she earned good grades in a general high school program, and her family members had educations and a strong work ethic. The Grays sued to recover damages, including Michelle’s lost future earnings. A battle of experts ensued. The Grays’ expert suggested using average earnings for a man who completed three years of community college or obtained a college degree and worked until retirement at age 65. The Macklins’ expert proposed using average earnings for a woman who completed only high school and retired at 61, the average retirement age for women. Meanwhile, the disparity in the Canadian statistical tables showed women still earn approximately 40 percent less than men.

Rule of Law

Issue

Holding and Reasoning (Shaughnessy, J.)

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