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Login to watch this video if you have a subscription. Learn more about subscriptions.The panel discusses how courts approach personal injury damages, including family claims after a death, nonpecuniary awards for serious long term physical and psychological injuries, and how age and life impact are weighed. They explain threshold issues where a plaintiff may return to work but still have substantial limits in daily activities, and how future income loss and loss of opportunity can be proven with, or in some cases without, experts. The panel also address realistic future care claims, stricter rules for late expert reports, and practical advocacy tips on costs, pretrial briefs and presenting damages in a clear, credible way.
Jessica Fullerton graduated from the University of Ottawa’s Faculty of Law in 2007 and was called to the Ontario bar in 2008. Jessica articled with and continues as an associate at Nelligan O’Brien Payne. She practices primarily in the areas of personal injury, wrongful death, insurance defence and medical malpractice. Jessica has been a member of the Civil Litigation Conference organizing committee since 2012.
Justice Hackland was appointed to the Ontario Superior Court of Justice in October of 2003. He was called to the Bar of Ontario in 1978 after completing his legal studies at the University of Ottawa Law School (LL.B,1975) and Oxford University (B.C.L.,1977) and articling at the Supreme Court of Canada. Prior to his appointment, he was a senior partner at Gowlings LL.P. (Ottawa) specializing in employment and administrative law and the representation of physicians and other professionals. Justice Hackland served as Regional Senior Judge of the Superior Court of Justice, East Region, (2008-14). During that period he served as Chair of the Committee of Administrative Judges of the Small Claims Court. Justice Hackland is currently a member of the Superior Court bench in Ottawa and a member of Deputy Judges’ Council (which administers Ontario’s Small Claims Court), and Chair of the Council’s Education Advisory Committee. He currently serves on the Canadian Judicial Council’s Advisory Committee on Judicial Ethics and is a facilitator in the National Judicial Institute’s Evidence Workshop and Seminar for New Federally Appointed Judges.
Justice Jaye Hooper was born and raised in Windsor, Ontario. After completing her undergraduate degree in International Relations, she obtained her Bachelor of Laws from the University of Windsor. Throughout her time at Windsor Law, she was involved with Community Legal Aid, becoming its Director of Finance in her final year. She was called to the Bar of Ontario in 2001. Justice Hooper spent most of her career at a boutique Ottawa litigation firm before starting her
own firm, Hooper Litigation, in 2015. She has represented both plaintiffs and defendants across a broad spectrum of litigation matters, including personal injury, employment, professional negligence, commercial, and construction law. She has acted as trial and appellate counsel at the Ontario Superior Court of Justice, the Ontario Court of Appeal, and the Supreme Court of Canada.
In addition to her practice, Justice Hooper has played an active role in Ontario's legal community. She is a past president of the County of Carleton Law Association and past chair of the Federation of Ontario Law Associations. She has been a frequent speaker at various legal conferences. In 2021, she was a contributor to the book, Autonomous Vehicles: Self-Driving Cars and the Law of Canada. Justice Hooper enjoys writing, spending time at the family cottage, and traveling. She and her husband, Paul, are very proud of their four exceptional children.
Justice Marc Smith was the co-founder and principal of the law firm Forget Smith, a civil litigation firm with offices in Ottawa and Toronto. He obtained a Business Administration degree in 1991 and an LL.B. in 1994 (French Common Law), both from the University of Ottawa. He was called to the bar in 1996. Justice Smith’s litigation practice specialized in dealing with insurance-related issues, personal injury, commercial disputes, and professional negligence. He has argued cases in both official languages before the Superior Court of Justice, the Ontario Court of Appeal, the Licence Appeal Tribunal, and the Financial Services Commission of Ontario. In 2018, Justice Smith was appointed to the Attorney General’s Access to Justice in French Advisory Committee, a permanent committee providing advice and guidance to the Attorney General of Ontario on strategies related to access to justice in French. He is married and has been actively involved in raising three children.