Cost: CDL Members $113; Non-Members $141.50 Date: Sept 29, 2021 | 12:30 to 1:30 pm EDT Length: 1 hour
Speakers:Chris Morrison, Will Davidson LLP Mike Smitiuch, Smitiuch Injury Law
Chaired by: Nadia Marotta, Lerners LLP
Moore v. 7595611 Canada Corp – Outlier or the New Normal
The Court of Appeal upheld unprecedented award for loss of care guidance and companionship of $250,000 for the death of a daughter to each parent in addition to $250,000 to each parent for mental distress while emphasising that in respect of care guidance and companionship there is no judge made “cap” on these damages and the standard of review for there type of jury awards is exceptional deference. Many practitioners feel that this decision represents a dramatic shift upwards in wrongful death awards while others argue that this circumstances of this case were unique. Hear the perspectives of Chris Morrison who argued the case in the Court of Appeal and Mike Smitiuch who was trial counsel on how the case was argued and what it means for the future. The discussion is moderated by Nadia Marotta, Lerners LLP.