In Sandher v. Binning et al., the Plaintiff was a construction labourer who suffered a fracture of his middle and ring finger metacarpals in a motor vehicle accident. The fractures caused weakening, and a loss of strength in his hand. Eventually, “triggering” resulted, which is when the fingers become locked in the flexed position. Surgery was required, however this did not completely solve the problem. The Court awarded $40,000.00 for pain and suffering.
[21] Mr. Sandher experienced the pain of fractured bones, the inconvenience of a cast for several weeks, pain following tenoplasty surgery, ongoing hand pain and stiffness, and pain from soft tissue injuries. The soft tissue injuries largely resolved within six months of the accident with occasional flare-ups on heavy activity; I find for the following reasons that those flare ups and hand symptoms have had a relatively small impact on his day-to-day life, social activities and general enjoyment of life.
[22] In relation to the impact of the injuries on his recreational activities, the plaintiff claims that he is unable to lift weights, something the plaintiff said in his direct-examination that he did four to five times a week. However, in cross-examination, he conceded that before the accident he only lifted weights at most two to three times a week when he could find time after work. In addition, the plaintiff now has two young children, and he has less time and energy to spend at the gym, quite apart from the impact of his injuries.