Zheng v Cai

Tort – Negligence - Damages - Motor vehicle accident - Personal injury - Assessment - Economic loss - Regular payments made by church to applicant following motor vehicle accident - Whether benevolent payments should be taken into account when calculating damages - Whether intention of giver of benevolent payments determinative - Where collateral benefit exists for giving benevolent payments - Relevance of public policy in disregarding benevolent payments in assessment of damages.

Appeal – Issue not raised at trial - Motor vehicle accident - Personal injury - Economic loss - Issue at trial whether plaintiff an employee - Issue on appeal concerned real intent behind benevolent payments - Where applicant would have objected to admissibility of evidence or called further witnesses if issue raised at trial - Whether party bound by presentation of case at trial - Prejudice.

Words and phrases – "assessment of damages", "benevolent payment", "gift", "intention", "public policy", "volunteer work".