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A Fergus man has been awarded $2.4 million as a result of a car crash that left him with chronic health issues.
The majority of the award is for lost wages, as the man is no longer able to work at his $100,000-a-year job with the City of Guelph.
The plaintiff had originally been seeking $5.5 million.
At one point the defendants insurance company had private investigators following the plaintiff and recording him doing tasks outside his home, including shovelling snow and gardening.
But those videos were dismissed by the trial judge as carrying any weight because the plaintiff never claimed he was incapacitated.
The crash happened on Highway 6 between Guelph and Fergus in December of 2017.
The plaintiff, now 57, was driving his Volvo sedan in a line of traffic that morning, heading to his job in Guelph. A northbound car suddenly veered into the plaintiff's lane and drove into him.
He was taken to hospital and released that day but has had numerous ongoing physical and mental health issues since.
The fact that the plaintiff was not at fault in the collision was not contested.
What was contested was the ongoing extent of his injuries and that the plaintiff was unable work again since then, and in the future.
"(The plaintiff) submits that, as a result of the accident, he suffered a traumatic brain injury, post concussive syndrome, chronic pain disorder, post traumatic headaches, phonophobia, and tinnitus along with physical injuries to his ears, neck, back, shoulders, and knees," reads the 36-page written judgment from Justice Gordon Lemon.
"He says that he has disabling psychiatric impairments because of the trauma of the accident including persistent mood disorder, an adjustment disorder with anxiety and depression, driving anxiety, and features of post-traumatic stress disorder."
It has also affected his judgment, with evidence showing the plaintiff once walked nine or 10 kilometres home from a physiotherapy appointment wearing sandals in 30 C weather; without a water bottle or cell phone. He also leaves the gas stove or barbecue on about once per week, left the garage door open overnight and leaves his keys in the front door on a regular basis, the judgment reads.
Treatment hasn't helped to the extent he can return to work.
The defence argued that the plaintiff's "difficulties are exaggerated" and that with the correct treatment and some accommodations, he could return to work.
The plaintiff, who was active playing soccer, golf and other outdoor activities prior to the collision, has been unable to resume those activities.
The plaintiff's wife, several coworkers and various medical personnel were called as witnesses.
"I find that he has a permanent serious impairment of important physical, mental, and psychological functions," ruled Lemon.
In total the plaintiff was awarded $2,355,651. The majority, $1.3 million, was for future lost wages. Damages and costs of future care were also part of the award.
