Nova Scotia couple that can’t work suffered “minor” injuries, province’s highest court rules

The Nova Scotia Supreme Court has ruled that victims in a ‘left-hand turn crash’ who could not return to work because of their injuries did in fact suffer minor injuries, and are therefore subject to the province’s Cdn$2,500 cap on minor bodily injury claims.
In Beaulieu v. Gyuraszi, Barbara and Robert Beaulieu and Kimberly Gyuraszi were on vacation on Prince Edward Island in 2005 when their respective vehicles collided in front of a gas station.
The accident occurred when Gyuraszi tried to make a left hand turn into the gas station and crossed into the path of the car being driven by Barbara Beaulieu (her husband Robert was in the front passenger seat).
Barbara Beaulieu initiated the proceedings in Nova Scotia, where the couple lived.
Robert Beaulieu told the court he was not able to resume his normal activities for any period of time because of pain in his hip, which did not allow him to sit a computer for any length of time. He also claimed that the stress of the proceedings following the accident were a direct cause of a rebout of his Chrone’s Disease.
Barbara Beaulieu said it was painful for her to reach or hold her left arm in an upward position. Following the accident, she did not return to her job, which involved lifting and carrying children.
The Beaulieus claimed their damages exceed the province’s capped limit, as their injuries resulted in serious impairment of the nature that substantially interfered with their occupations, wrote Supreme Court justice N.M. (Nick) Scaravelli. They sought damages in the Cdn$45,000 to $50,000 range.
The judge acknowledged the couple would have received more money for their injuries had the cap not been in place. Nevertheless, he found the injuries were nevertheless “minor” according to the cap legislation and thus subject to the Cdn$2,500 limit.
“Having considered the evidence I find that neither plaintiff has suffered a permanent serious physical impairment as a result of the injury attributable to the motor vehicle accident,” he wrote.
Having determined the injuries are minor, “I am restricted to a maximum damage award of $2,500 for each plaintiff which I will order,” he continued.
“In my view these amounts would not fully compensate the plaintiffs for pain and suffering absent this legislation.”