Law360 Canada ( December 10, 2025, 9:32 AM EST) -- Appeal by King from trial judge’s award for past and future loss of earning capacity. Cross-appeal by Karpenko from awards for non-pecuniary damages, past and future loss of earning capacity, and cost of future care. Karpenko was rear-ended while merging onto a highway and sustained chronic soft tissue injuries. The trial judge awarded general damages, special damages, cost of future care, and damages for past and future loss of earning capacity. The judge found a 20 per cent chance that Karpenko would have become a police officer, despite no supporting evidence from police agencies and Karpenko’s insistence on a senior role. This formed part of the basis for the $300,000 award for future loss of earning capacity. King challenged the assessment of past and future earning capacity, arguing the judge erred in finding a 20 per cent chance that Karpenko would have become a police officer but for the accident. Karpenko asserted that the judge underestimated all heads of damages except special damages and erred in assessing his potential to become a police officer. The trial judge accepted that Karpenko suffered chronic pain but found he could still function relatively well and continue working as a bylaw officer or security guard....