Recent Cases
Bains v Gret’s Projects Inc., 2017 BCSC 1530 – 2017/08/29
Award $600,000
The Plaintiff was injured in a head-on motor vehicle collision when she was 27 years old. Prior to the accident, while attaining her Bachelors’ degree at SFU, she had developed an interest in law enforcement. We successfully argued that the Plaintiff would have attained a job with the Canada Border Services if not for her injuries. Future loss of earning capacity made up a substantial portion of the total award, which also included future care costs for fitness equipment and vocational counselling.
Ranahan v Iron Horse Enterprises & Logistics Inc., 2017 BCSC 759
Award $840,000
The Plaintiff was an active 55 year old man. He was seriously injured after striking a turning semi-truck while driving his motorcycle. We successfully argued that the truck driver was responsible for causing the accident and was liable for the Plaintiff’s injuries. Prior to the accident, the Plaintiff had operated a successful logging business with his son, but his injuries prevented him from continuing to build the business. He was also found to be incapable of continuing work as a tree faller, and we were able to obtain a substantial past and future wage loss claim. We successfully argued that had he not been injured, he would have worked past the typical age of retirement, which was reflected in the amount awarded for loss of future earning capacity. The Defendant’s appeal of the trial decision was subsequently dismissed.
Ratelle v Barton, 2017 BCSC 1262 – 2017/07/20
The Plaintiff was operating his motorcycle with a fellow rider on Highway 99, north of Whistler, British Columbia when he collided with the defendant’s car. The Defendant had slowed down and moved to the right-hand shoulder of the road, which the Plaintiff took as an invitation to pass. As the Plaintiff accelerated, the Defendant unexpectedly commenced a left turn, and the Plaintiff’s motorcycle struck the Defendant behind the driver side door. At trial, the judge accepted the evidence of the Plaintiff in its entirety, and thus found the Defendant to be 100% liable.
Payne v. Miles, 2013 BCSC 1545 – 2013/08/26
Award $1.630 Million.
The Plaintiff, a young female, was brain injured at the age of 17 as a result of a motor vehicle accident. As is typical in brain injury cases, it takes time to determine the full extent and particular nature of any resulting disabilities. Further, people can continue to look and speak normally while still suffering various types of cognitive impairment. In this case, it took over 6 years before the full nature of the Plaintiff’s injuries were known and the long term compensation needs could be properly assessed, at which time the matter went to trial. In this case, we were able to establish the estimated loss of income, and the amount of support required to live a fulfilling life. The Award included childcare costs, career counseling, and loss of past and future income.
Click to read full case
Peers v. Bodkin Leasing Corporation, 2012 BCSC 271 – 2012/02/23
Award $560,000.
The Plaintiff, a 56 year old man, was injured in a motor vehicle accident. Prior to the accident he worked as a boom operator in the logging industry. Initial assessments indicated that his injuries were minor. After we encouraged a referral to a medical legal expert, and a private MRI, it was revealed that there were previously undiagnosed and permanent career ending injuries to his spinal cord. This claim primarily consisted of loss of income and loss of Pension, as the accident rendered the Plaintiff essentially unemployable.
Click to read full case
Milliken v. Rowe, 2011 BCSC 1458 – 2011/10/31
Award $230,000.
Injured in a motor vehicle accident, the Plaintiff worked full-time as the manager of a pizzeria while caring for her wheelchair bound husband and teenage daughter. Her employer made numerous accommodations to keep her employed despite a serious shoulder injury. Even though she continued to work full-time, we successfully claimed for the loss of capacity to earn income. We also pursued a claim for the reduction in her ability to care for her home and husband.
Click to read full case
Kasidoulis v. Russo, 2010 BCSC 978 – 2010/07/13
Award $1.050 million.
The Plaintiff, a recent education graduate, had gained an excellent reputation as a kindergarten teacher in her school and in the district, prior to a motor vehicle accident. Her dream was to work full-time in her own classroom. The Defendant took the position that a mother of three was not likely to work full-time. We proved that the Plaintiff’s career goals were fully compatible with her responsibilities as a parent, and well within her reach based on her training and teaching ability. Further, we proved that the Plaintiff lost the opportunity to fulfill her dream as a result of the accident, and we were able to help her recover the full amount of her financial loss.
Click to read full case
Morrison v. Gauthier, 2009 BCSC 1271 – 2009/09/17
Award $90,000.
The Plaintiff and her partner purchased a family golf membership just before a motor vehicle accident. As a result of a disc injury suffered in the accident, the Plaintiff was not able to golf any longer. The Defendant refused to reimburse her for the loss of the membership fees. The Plaintiff was awarded $90,000 by the Courts, including the loss of the family golf membership.
Click to read full case