Judge considers lost promotion chances & reduced pension in $270,000 lost future earning capacity award

Ms Slater, 41, an RCMP officer, was injured in a rear end collision 3.5 years prior to her trial. As a result of her permanent whiplash injuries, she was restricted to ‘desk work’ & would likely never return to active duty. The judge valued her future loss of earning capacity at $270,000 on the basis that Ms S:


  • would likely miss out on chances to be promoted to a higher position in the RCMP,
  • will have less opportunity to earn overtime pay,
  • was now a less marketable employee as a result of her injuries &
  • will have a smaller pension due to her mva.


The judge noted that:

  • Ms S’s injuries & the resulting impact on her earning capacity were unlikely to improve in the future,
  • the RCMP had taken steps to accommodate Ms S,
  • it was unlikely that she will face unemployment because of her injuries &
  • the RCMP continues to pay officers their regular salary if they are off work due to injuries,
  • so she will not lose this.


The judge awarded Ms S a total of $449,365 for her damages including $135,000 for her pain & suffering & $25,000 for her lost past & future housekeeping capacity.