Walker v. Ritchie
Ontario Court of Appeal
197 O.A.C. 81 (2005)
- Written by Rose VanHofwegen, JD
Facts
Seventeen-year-old Stephanie Walker (plaintiff) was in high school when she was in a car accident that left her with residual paralysis and cognitive deficits. The trial court found truck driver Donald Ritchie and his employer, Harold Marcus Limited (defendants) liable and awarded Walker nearly C$5 million in damages. Over C$1 million represented future lost earnings because the trial court found Walker would never attain a competitive job due to her injuries. Based on her prior academic and athletic achievements, motivation, and familial expectations and support, the trial judge found Walker would have obtained a degree. The judge calculated that based on average university-graduate earnings, Walker would have initially earned about C$57,000 annually, with an average lifetime salary of about C$66,000. After reviewing Canadian decisions that used gender-neutral earnings tables for female claimants and then adjusted downward for negative contingencies, the judge used gender-neutral earnings tables for Walker, noting she had potential in at least two fields where women had achieved equal pay. The judge also noted that the historical female-earnings tables might not reflect accurate earning potential in the future. Recognizing that Walker might have earned a community-college instead of a university degree, the judge applied a 10 percent downward adjustment. Finally, the trial judge deducted C$100,000 as the value of work that Walker might actually be able to perform part-time in the future with her disabilities. Ritchie and his employer appealed on multiple grounds, including challenging the award of over C$1 million for lost future earnings. Specifically, Ritchie and his employer argued that the trial judge erred in assuming Walker would have attended university and in using earning statistics for all university graduates instead of only female graduates.
Rule of Law
Issue
Holding and Reasoning (Gillese, Lang, J.J.)
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