Case Background

In this case, plaintiff claimed that she suffered a loss of competitive advantage at her workplace due to a motor vehicle accident. Her claim was initially rejected by a trial judge in the Superior Court of Justice on July 24, 2023, based on a jury verdict. Following this decision, Ali appealed to the Court of Appeal for Ontario, requesting that the jury’s verdict be overturned and the court itself assess damages for future loss of competitive advantage. However, the appeal was dismissed for several reasons.

What was the Dispute in this Case?

It has already been established that the plaintiff suffered from a motor vehicle accident, which led to a trial by jury. During the trial, the only issue highlighted was, “Has the plaintiff sustained a loss of competitive advantage at her workplace due to the motor vehicle accident she was involved in?’’

To assess this the jury was asked the following questions –

Did the accident cause or contribute to a psychological or physical condition that the [appellant] continue to suffer from as of today?

If the answer to question one is yes, has the [appellant] suffered a loss of competitive advantage because of the accident?

What compensation, if any, should be paid for that loss of competitive advantage claim?

After examining the first two questions, the jury concluded that the claimant did not suffer from ‘loss of competitive advantage at work’, eliminating the need to answer the third question.

Dissatisfied with the jury’s verdict, Ali described it as “irreconcilable and unreasonable.”. Ali argued that she was not required to prove her case with absolute certainty; rather, she only needs to demonstrate a “real and substantial possibility” of a loss of competitive advantage due to her injuries.

In other words, Ali needs only to show a reasonable chance that she experienced a disadvantage. She further stated that the respondent provided no evidence to disprove her claim. Based on this, as per Ali, the jury should have accepted her evidence regarding the lasting impact of the accident, as it logically follows that she has experienced a loss of competitive advantage in her career.

What was the Ontario Court’s Analysis?

The court rejected all the above submissions made by Ali. The court also applied a high standard of review to the jury’s verdict.

What is a Standard of Review?

It is a legal principle that determines the extent to which higher courts review decisions made by lower courts or juries.

Ontario Court’s Analysis Cont..

In appeals, courts generally give strong respect (or “deference”) to jury decisions, meaning they’re reluctant to overturn them unless there’s a compelling reason.

In this case, the jury had evidence of Ali’s prior medical issues and her involvement in not one but two motor vehicle accidents. Furthermore, the jury found it easy to discount her claims about how the accident impacted her teaching career, as her employer’s testimony contradicted her account. Hence, there was nothing to interfere with the jury’s findings.

The appellant had the burden to prove a “real and substantial possibility” of loss, which she failed to meet according to the jury and subsequently, the appellate court. There were issues of credibility and causation with Ali’s case, and she also failed to meet the ‘burden of proof.’

Lessons from the Case!

This case highlights the fundamental role of corroborated evidence in personal injury claims. Plaintiffs must present clear medical evidence and, if applicable, testimony from employers or colleagues to support claims of professional disadvantage due to injuries.

Plaintiffs should recognize the wide range juries have in making decisions based on the evidence presented. As seen in this case, even if some facts are accepted (such as the presence of injuries), they may not lead to favourable conclusions on other aspects (like loss of competitive advantage). The high standard of review means that overturning a jury’s decision on appeal is challenging.

How can Our Personal Injury Lawyers  Mississauga help you?

The decision in Ali v. Irfan serves as a dire reminder of the challenges involved in proving ‘loss of competitive advantage’ in personal injury cases. If anyone is going through a similar situation, then call our personal injury lawyers today at 905-405-0199! An experienced personal injury lawyer will not only help you to understand the interplay of evidence and credibility but also help you with the best legal solution. Call us now at 905-405-0199!