The main issue in the recent decision from the Superior Court of Justice Labrosse v Jones et al. is whether a person who was not the scene of an accident can claim damages for injuries suffered because of the accident. In that same decision, the court also confirmed that a person can indeed claim both damages and compensation under the Family Law Act.

On September 12, 2014, Ms. Labrosse received a phone call from her daughter who had just been in a car accident. Her daughter was trapped inside the car, distraught and confused. Moreover, the at-fault driver was being aggressive towards her daughter and was attempting to prevent her from calling for help.

Ms. Labrosse was in extreme distress hearing the events unfold, and being unable to help her daughter in any way.

Damages and the Family Law Act

In her claim, Ms. Labrosse claimed damages for her psychological injuries, even though she was not in the car at the time of the accident, nor was she on the scene of the accident.

The defence brought a summary judgment motion to have Ms. Labrosse’s claim for her injuries dismissed. One of the defence arguments was that it was not possible for Ms. Labrosse to claim damages at the same time as compensation under the Family Law Act.

Section 61 of the Family Law Act provides for compensation to the family members of a person who is injured or dies. The family member can seek compensation for services rendered to the injured person, the income lost because they were taking care of the injured person, and the loss of guidance, care and companionship they would have expected to receive had the person not been injured or died.

In this case, Ms. Labrosse claims damages for her own injuries, as well as for her losses under the Family Law Act

After careful analysis, the motion judge determined that it is possible to claim compensation both under the Family Law Act, as well as damages for one’s injuries. However, the judge noted that any money received as compensation for a Family Law Act claim may be deducted from any amount received for damages.

Damages for injuries suffered away from the scene of the accident

The defence’s motion to have Ms. Labrosse’s claim dismissed was denied by the judge, because Ms. Labrosse’s claim establishes “that there are facts which could lead to a finding of liability” (para 26). This means that while the court has not officially ruled on whether Ms. Labrosse is entitled to damages for her injuries, her claim is tenable enough to proceed to trial. We will have to wait until the Court decides on the issue to know for certain if a person who suffers injuries because of an accident can claim damages for their own injuries, even if they are not on the scene.

Have you or a loved one have been injured? To learn more about your options, don’t hesitate to contact us for a free consultation with one of our lawyers.

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