ICBC Law

BC Injury Law and ICBC Claims Blog

Erik MagrakenThis Blog is authored by British Columbia ICBC injury claims lawyer Erik Magraken. Erik is a partner with the British Columbia personal injury law-firm MacIsaac & Company. He restricts his practice exclusively to plaintiff-only personal injury claims with a particular emphasis on ICBC injury claims involving orthopaedic injuries and complex soft tissue injuries. Please visit often for the latest developments in matters concerning BC personal injury claims and ICBC claims

Erik Magraken does not work for and is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC). Please note that this blog is for information only and is not claim-specific legal advice.  Erik can only provide legal advice to clients. Please click here to arrange a free consultation.

Archive for the ‘ICBC PTSD Cases’ Category

$100,000 Non-Pecuniary Assessment for Chronic PTSD

November 28th, 2016

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for post traumatic stress disorder as a result of a vehicle collision.

In today’s case, (Harmati v. Williams) the Plaintiff was involved in a 2011 rear end collision that the Defendant accepted fault for.  She suffered PTSD and a generalized anxiety disorder following the crash and the Court accepted these conditions were caused by the collision.  In assessing non-pecuniary damages at $100,000 Madam Justice Choi provided the following reasons:

[48]         Dr. O’Shaughnessy was steadfast in his opinion when he testified that Ms. Harmati’s PTSD was as a result of the accident. He wavered on cross examination that the generalized anxiety was a result of the accident. I accept Dr. O’Shaughnessy’s testimony and diagnosis and found him to be a forthright and helpful expert witness…

[70]         On a balance of probabilities, I find that Ms. Harmati’s present disability, both physical and psychological, is a result of the accident. I accept Dr. O’Shaughnessy’s opinion that the PTSD was triggered by the accident, and I am satisfied that there is a substantial connection between the injuries Ms. Harmati suffered in this accident and her present symptoms sufficient to impose liability on the Defendants. Just as the Defendants are liable for any physical injuries caused to Ms. Harmati, they are too liable for any psychological injuries that arose from this accident.

[71]         I find that but for the accident, Ms. Harmati would not have suffered from pain in the neck, head and back or post-traumatic stress disorder. While Ms. Harmati may have had a more extreme reaction to the accident than most, she is better described as a “thin skull” than a crumbling one. The injuries she has suffered were not inherent in her original position and would not have occurred had the accident not happened…

[81]         A few lay witnesses testified as to Ms. Harmati’s ongoing limitations.

[82]         Mr. Gosling testified that Ms. Harmati is responsible for most of the cleaning, but that they don’t keep a clean house, and that Ms. Harmati is responsible for most of the cooking. She does more now than she did when they first cohabited because she is no longer working. I found Mr. Gosling a measured and careful witness, whose evidence I found credible.

[83]         Mr. Gosling testified that Ms. Harmati does not want to be a burden, so she will insist on performing tasks that then require her to rest, such as carrying groceries and pots of boiling water.

[84]         Mr. Derek Carswell worked with Ms. Harmati at Electronics Art. They were both hired on the same day in 2010 and became friends. Prior to the accident, he described her as “bubbly, enthusiastic and lots of energy”. After the energy, he testified that she was “subdued, lacking vital energy”. He said they played video games with their respective partners and that after the accident, she could not play video games for long because she needed to rest and due to nausea. Mr. Carswell testified that some video games are virtual reality games, involving wearing a headset and a screen which wraps around your face, and is an immersive gaming experience. Ms. Harmati has been unable to participate in this type of game since the accident…

[88]         Having considered the evidence and cases, it is my view that an award of non-pecuniary damages in the amount of $100,000 is appropriate.


$265,000 Non-Pecuniary Assessment for PTSD and Major Depressive Disorder

June 27th, 2016

In what is one of the highest non-pecuniary awards in Canadian history for psychiatric injuries, reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing non-pecuniary damages of $265,000 for psychological injuries stemming from a collision.

In last week’s case (Hans v. Volvo Trucks North America Inc) the Plaintiff was operating a fully-loaded tractor trailer when, without warning, all electrical power failed and the vehicle started to jack-knife.  The trailer struck the cab of the truck and forced the vehicle off the road.

The Court found that the vehicle manufacturer was responsible for the collision because “Volvo was negligent in the installation of the hardware that was supplied by Norgren on the cab positive terminal of the Truck, and that the total loss of electrical power resulted from that negligent installation.

The Plaintiff, while not suffering significant physical injuries, sustained profound psychological consequences including PTSD and a major depressive disorder secondary to this.  In assessing non-pecuniary damages at $265,000 Mr. Justice Davies provided the following reasons:

[479]     Mr. Hans’ injuries were life altering in every respect.

[480]     The evidence of not only Mrs. Hans but also that of Mr. Hans’ daughter and his many friends who testified establishes that before the collision Mr. Hans was a gregarious, fun-loving, competitive, hard-working, ambitious and financially driven young man with boundless energy.

[481]     Although he had gained weight as a truck driver he was still a man with great strength and athletic ability resulting in a prodigious capacity for hard labour which he immensely enjoyed. His one-time employer Ron Collick described Mr. Hans as “a jolly giant”.

[482]     Mr. Hans lived a socially and emotionally rewarding life often centered on work but also often involving his family, his friends of many years and his love of travel which he shared with Mrs. Hans and their children both in North America and in India.

[483]     Mr. Hans shared a loving partnership with his wife as her husband, business partner, and as a father to their children.  He was a full participant with Mrs. Hans in all aspects of their children’s lives and in household responsibilities.

[484]     Mr. Hans was a proud man with a taste for good clothing who cared for his appearance. Socially he was often the center of attention – while dancing or even while playing with children.

[485]     Over the seven years since the collision all of that has changed drastically because of PTSD accompanied by Mr. Hans’ suffering from a Major Depressive Disorder that arose as a consequence of PTSD.

[486]     Mr. Hans is now emotionally and socially a shell of his former self.

[487]     His gregariousness has been replaced by isolation and withdrawal from contact with friends and family.

[488]     His love of fun has been replaced by depression, agitation and volatile bursts of anger. 

[489]     Competitiveness has been replaced by lethargy.

[490]     Ambition has turned to resentment and the blaming of those he believes have ruined his life.

[491]     Where he once ran and played sports he now walks aimlessly. Dr. Thinda reported that Mr. Hans has a slow gait due to psychomotor retardation or the effects of the medication he is prescribed for his psychiatric symptoms.

[492]     Mr. Hans’ capacity for and love of hard work have been replaced by indolence and despair.

[493]     He neglects his personal hygiene and cares little for his appearance. He is irritable and has significant problems with concentration and memory. He suffers from nightmares, sleeplessness and bad eating habits.

[494]     He has little interest in his children and must be coaxed to attend their activities. When he does, he is often uncomfortable, disinterested or both.

[495]     Mr. Hans is no longer active in the partnership that he and Mrs. Hans forged during the years of their marriage before the collision. He does not share in responsibility or workload but rather requires supervision and care.

[496]     He has attempted suicide three times each of which has seen him hospitalized for extended periods.

[497]     His life is now ruled by pharmaceutical intervention to attempt to overcome the symptoms of PTSD and Major Depression which dominate his existence. Without that medication his existence is further threatened.

[498]     Mr. Hans faces a future of continued pharmaceutical and psychiatric intervention as well as close supervision as his treating medical professionals, family and friends attempt to preclude the active manifestation of his suicidal ideation.

[499]     While it is a positive sign that Mr. Hans has not attempted suicide for more than 5 years since his last attempt, that must be measured against the medical intervention and supervision that has been necessary to attain that modest success.

[500]     Mr. Hans’ self-loathing and despair were starkly evidenced by his testimony at trial as well as by his anger and resentment at those whom he holds responsible for the loss of his capacity to care and provide for his family and enjoy life as he once did.

[501]     The totality of the medical evidence establishes that there is little prospect that Mr. Hans will ever recover socially, emotionally or mentally from the effects of the collision.

[502]     The prognosis for real progress after almost seven years of the debilitating effects of PTSD and Major Depressive Disorder from which Mr. Hans suffers is guarded at best and bleak at worst…

[528]     Considering that factor together with all of the other factors enumerated in Stapley to which I have alluded I have concluded that the appropriate award for Mr. Hans’ past and future pain and suffering and loss of enjoyment of life is $265,000.

 


$120,000 Non-Pecuniary Assessment For Chronic PTSD and Soft Tissue Injuries

January 5th, 2015

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for chronic soft tissue injuries and post traumatic stress disorder caused by two motor vehicle collisions.

In today’s case (Luis v. Marchiori) the Plaintiff was involved in two collisions, the first in 2008 and the second in 2011.  ICBC admitted fault for both defendants. The Plaintiff sustained chronic injuries and in valuing non-pecuniary damages at $120,000 Madam Justice Gray provided the following reasons:

[178]     I would summarize the significant factors as follows:

a)    Ms. Luis is 49 years old;

b)    In the accidents, Ms. Luis suffered predominantly soft-tissue injuries which have led to painful shoulder surgery, chronic disabling pain in her neck and right shoulder and lower back, moderate to severe major depression, PTSD, and significant weakness in her dominant right hand;

c)     Ms. Luis’s pain has been severe, particularly since the Second Accident, and it is unlikely that her pain or depression or PTSD or right hand weakness will resolve;

d)    As a result of the accidents, Ms. Luis is completely disabled from working and driving and is significantly disabled from personal care, home care, and personal activities; and

e)    Ms. Luis has suffered from the loss of her sense of well-being, the impairment of her relationships with her husband and children, and the loss of the social connections from work.

[179]     No two cases are alike. I have considered the cases cited by both counsel and Ms. Luis’s particular circumstances.

[180]     Ms. Luis is entitled to $120,000 for non-pecuniary damages.

 


$50,000 Non-Pecuniary Assessment for Lingering PTSD Following Collision

July 24th, 2014

Adding to this site’s archived posts addressing damages for Post Traumatic Stress Disorder, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing such an injury.

In this week’s case (Field v. Bains) the Plaintiff was 7 year old when her vehicle was struck by a semi trailer and dragged along the highway. She suffered from PTSD which had some lingering symptoms by the time of trial some 10 years later.  In assessing non-pecuniary damages at $50,000 Madam Justice Duncan provided the following reasons:

[44]         Rebecca was a seven-year-old child when she was involved in a frightening car accident with her mother. She suffered from recurrent nightmares about the accident for approximately a year and intermittent nightmares for some time after. She would not get in a car for a number of months after the accident. When she finally did she was hypervigilant, on the lookout for large trucks. The sight of a large truck near the family car caused her to go into a severe anxiety phase. She would curl up in a ball in the back of the car and obsessively talk about the truck. Rebecca also had a fear of loud noises from buses and trucks, which at its most severe caused her to run and hide or avoid taking the school bus for outings with her classmates. She never returned to ballet classes.

[45]         Rebecca is now a mature and well-spoken 17-year-old. She has worked very hard to overcome the effects of the accident by seeking out counselling and successfully integrating coping techniques into her daily life.

[46]         I accept the opinions of Dr. Weiss and Dr. Kaushansky that the plaintiff developed PTSD as a result of the accident. I accept their opinions that Rebecca’s fear of large trucks spilled over into a generalized anxiety about a number of different things. While it appears Rebecca has recovered from the psychological effects of the accident, the PTSD and anxiety are in remission rather than completely eradicated.

[47]         As for the plaintiff’s prognosis, I prefer Dr. Kaushanky’s opinion over that of Dr. Weiss. Dr. Kaushansky was of the view that Rebecca would live quite a normal life but be significantly more affected by life stressors than other people. He described it as a waxing and waning effect which would necessitate periodic visits with a counsellor. This appears to have been the case, as Rebecca sought out assistance from Ms. Hildebrandt when her stress and anxiety levels over the accident as well as family matters became too much for her to deal with on her own. Ms. Hildebrandt’s intervention appears to have been successful in assisting Rebecca with an abatement of her anxiety.

[48]         Dr. Weiss’s prognosis that the plaintiff would have marked functional impairment in her life as a result of the PTSD has not, in my view, come to fruition. Rebecca has managed to attain her driver’s licence despite the frightening after-effects of the accident. She graduated from high school, has a positive group of friends and has realistic ambitions for future career paths which she will further investigate after a year off…

[55]         Taking into account the findings of fact in this case, the factors in Stapley, and the comparable authorities involving children with PTSD, I award the plaintiff $50,000 in non-pecuniary damages.


"It is Not for the Tortfeasor" To Dictate Timelines for a Plaintiff's Retirement

January 29th, 2013

Interesting reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing mitigation of damages in a personal injury claim seeking compensation for reduced pension benefits.

In this week’s case (Wangert v. Saur) the Defendant died when his vehicle collided with a train operated by the Plaintiff.  The Plaintiff suffered from Post Traumatic Stress Disorder and missed some time from work.  The Plaintiff retired in 2012 and sought damages for a reduced pension arguing that had he not been psychologically injured by the collision he would have worked more hours thereby having greater pensionable earnings.

The Defendant argued that since, at the time of the Plaintiff’s retirement at age 55, he was able to work full time and had no residual difficulty from the Accident he failed to mitigate his damages by not working past his otherwise planned retirement in order to earn a greater pension.  Mr. Justice Abrioux rejected this argument providing the following reasons:

[34]         In this case, I accept the plaintiff’s evidence that he had always planned to retire at the age of 55. He had spent many years working for CP Rail.

[35]         The defendant did not cite any legal authority supporting his position that a plaintiff could have mitigated losses by working past his or her planned retirement age. I was also unable to find any.

[36]         In my view, planning for retirement is a very important stage in a person’s life. When one has the opportunity to retire at a certain age, even though continuing to work remains available, the decision to retire is not entered into lightly. It is not for the tortfeasor to take the position that the plaintiff‘s failure to change his life plan due to an accident which occurred through no fault of his own, amounts to unreasonable conduct.


$110,000 Non-Pecuniary Assessment for Psychological Injuries Following Fatal Collision

September 28th, 2012

Adding to this site’s database of archives caselaw addressing psychological injuries, reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing damages following psychological injuries following a severe motor vehicle collision.

In last week’s case (Rizzotti v. Doe) the Plaintiff was injured in a 2005 head-on collision.   The crash was significant killing the driver of the offending vehicle.  Fault was admitted.  The Plaintiff suffered from psychological injuries following this crash including PTSD, depression and an adjustment disorder.

The Plaintiff’s injuries were aggravated in two subsequent collisions.  All three cases were heard together and damages were assessed globally.  In assessing non-pecuniary damages at $110,000 Mr. Justice Tindale provided the following reasons:

]The plaintiff was clearly involved in a serious head-on collision in 2005. She sustained injuries of a physical nature and a psychological nature. The evidence is clear that the first accident caused the majority of the injuries to the plaintiff while the other two accidents exacerbated her condition.

[76]The medical evidence is clear that the physical injuries were caused by the accidents. The medical evidence is also clear that her psychological injuries were caused by the accidents.

[77]Dr. Anderson diagnosed the plaintiff as having ongoing depressive symptoms consistent with a diagnosis of chronic adjustment disorder with depressed mood. He also diagnosed the plaintiff with having chronic post-traumatic stress disorder in partial remission.

[78]The psychologist, Dr. Kettner, also diagnosed her with having post-traumatic stress disorder. Both doctors Anderson and Kettner had the advantage of personally interviewing the plaintiff.

[79]Dr. Levin agreed with the diagnosis of adjustment disorder with depressed mood however he did not feel that the plaintiff had post-traumatic stress disorder. Dr. Levin only reviewed the medical documentation and did not interview the plaintiff.

[80]I prefer the evidence of Dr. Anderson and Dr. Kettner over that of Dr. Levin as they were able to personally interview the plaintiff.

[81]The evidence in this case clearly indicates that the plaintiff suffered physical injuries which are long-standing and chronic in nature as well as a serious psychological injury.

[82]The defendants have not discharged their onus that the plaintiff failed to mitigate her losses by failing to take medication. The evidence does not disclose on a balance of probabilities that she was prescribed antidepressant medication. Also, with regard to the plaintiff declining to have injections in her hip, there is no evidence that this delayed her recovery. She also gave evidence that she was afraid of injections, which I accept

[83]The appropriate award for non-pecuniary damages is $110,000.00.


$90,000 Non-Pecuniary Assessment for Chronic PTSD

August 13th, 2012

Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing damages for chronic psychological difficulties which arose as a result of a collision.

In last week’s case (Foubert v. Song) the Plaintiff was injured in 2007 collision caused by the Defendant.  The Plaintiff was 60 years old at the time and 65 years old at the time of trial.  The collision caused some soft tissue injuries which made a good recovery.  Unfortunately the collision also caused Post Traumatic Stress Disorder which continued to affect her at the time of trial and led to her early retirement.  In assessing non-pecuniary damages at $90,000 Mr. Justice Punnett provided the following reasons:

[107] The evidence of the plaintiff’s co-workers, son and friends indicates that the plaintiff, prior to the accident, was a high energy and enthusiastic teacher and that those traits carried through into her day to day life. They have all had the opportunity to observe and deal with her both before and after the accident.

[108] I am satisfied that as a result of the accident the plaintiff has gone from an independent, energetic teacher with an active and varied social life to an individual who is no longer able to work as a teacher, particularly of young children, who can no longer tolerate large groups nor the over stimulation of a variety of social situations. Her intention to keep working past 65 years of age has been thwarted as a result of this motor vehicle accident.

[109] Given the age of the plaintiff and the fact that it is now 5 years after the accident I am satisfied that the plaintiff while having recovered from the soft tissue injuries and to a certain extent from the PTSD has not, as noted by Dr. Shane completely recovered. Her present and future level of recovery is evidenced by Dr. Shane’s opinion that her status occupationally is unlikely to change and that she remains unable to return to teaching art.

[110] Having observed the plaintiff, her evidence of the effect of the accident and the corroborating evidence of the lay witnesses, as well as the medical evidence, I am satisfied that the plaintiff will not return to employment.

[111] Taking into account the evidence in this case as well as the authorities cited I am satisfied that an appropriate award for pain and suffering and a modest amount for loss of housekeeping is $90,000.

[112] Given my findings with respect to the pre-accident complaints there shall be no reduction for them.


Defence Expert Criticized; $60,000 Non-Pecuniary Assessment for Lingering STI's and PTSD

August 3rd, 2012

Unreported reasons for judgement were recently released by the BC Supreme Court, Nanaimo Registry, addressing damages for “chronic, but not disabling” soft tissue injuries and post-traumatic stress arising from a motor vehicle collision.

In the recent case (Pitts v. Martin) the Plaintiff was injured in a 2008 collision.  Fault was admitted by the Defendant.  The extent of the Plaintiff’s damages were at issue.  As is common in personal injury litigation, the Defendant produced an expert witness who provided evidence disagreeing with the Plaintiff’s physician as to the extent of the ongoing injuries and their connection to the collision.  Mr. Justice Dley was not receptive to this evidence preferring the Plaintiff’s treating physicians.  In rejecting the Defendant’s expert Mr. Justice Dley provided the following criticism:

[31]  Dr. Dommisse provided an opinion that confirms the soft tissue injury.  However, he opines that stress aggravates the physical injuries and that with proper counselling the stress would ease off; that would improve the physical injuries.  Dr. Dommisse agreed that the stress affectibng Ms. Pitts resulted from the collision.

[32]  His opinion ignores the fact that Ms. Pitts has had counselling and that she has been provided with coping techniques.  Dr. Dommisse was not critical of the counselling that had been provided and deferred that aspect of the injuries to the counsellors who had previously treated Ms. Pitts.

[33]   His opinion failed to consider that Ms. Pitts required some assistance at work.  He conceded that to be a significant factor.

[34]  Dr. Dommisse noted muscle spasm in the trapezius muscle.  However, in his opinion as to whether the collision caused Ms. Pitts’ disabilities, he did not include any reference to the spasms.  Instead, he referred to Ms. Pitts’ complaints as being subjective.  He did not provide a satisfactory answer as to why such an objective symptom would have been left out of his analysis.

[35]  Dr. Dommisse failed to consider the fact that Ms. Pitts suffers pain and discomfort from some of her work-related activities, particularly heavy lifting.  Those symptoms are brought on without any stress.  That significant omission from his report destroys any reliability that might be attached to his opinion that “it is unlikely that Ms. Pitts’ current disabilities were caused by the accident”.

[36]  Dr. Dommise commented that counselling from Ms. Pitts’ stress and anxiety will likely improve her symptoms.  His evidence did not provide any basis for that opinion to be reliable.  It ignores the reality that counselling has already been provided and there is no suggestion that the treatment was in any way lacking.  I am not satisfied that any further counselling is likely to resolve or further improve Ms. Pitts’ present condition.

In assessing non-pecuniary damages at $60,000 Mr. Justice Dley provided the following reasons:

[47]  It is now four years post-accident.  Ms. Pitts has been diligent in pursuing rehabilitation measures.  Ms. Pitts still has some lingering injuries – they are chronic, but not disabling.  Ms. Pitts can carry on with her everyday life and work, but she has limitations because she must be careful so as not to aggravate her injuries.  She continues to suffer from the post-traumatic stress of the collision.  She has learned coping techniques, but that has not eliminated the disorder.

[48]  Taking into account the injuries sustained and the impact they have had and will continue to have, I assess general damages at $60,000.

As noted this judgement is not reported therefore not publicly available.  As always, I’m happy to provide a copy to anyone who contacts me and requests one.


Worker Ordered To Pay $561,000 in Damages for Assaulting Former Supervisor

July 16th, 2012

In a compelling illustration of the potential civil consequences following criminal behaviour, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for a brain injury following an assault at over $561,000.

In the recent case (Weber v. DeBrouwer) the Plaintiff worked as a supervisor of the Defendant at the Village of Harrison Hot Springs.   The Plaintiff “suspended the defendant several times” and over the course of their overlapping employment “relations between the two worsened“.   In the summer of 2007 the defendant approached the Plaintiff as the Plaintiff was out for a walk and “brutally assaulted” him.

The assault led to various physical injuries including a mild traumatic brain injury and further led to ongoing psychological difficulties.  Global damages of over $561,000 were assessed with non-pecuniary damages assessed at $150,000.  In arriving at this figure Mr. Justice Greyell provided the following reasons:

[72] In this case, Mr. Weber was 49 years old at the time he was assaulted. The assault caused him significant injury and pain and suffering. He suffered facial injuries, including several fractures, dental injuries, bruising, rib and chest injuries, knee and hand injuries, soft tissue injuries to his back and neck, and a mild traumatic brain injury with ongoing cognitive and speech difficulties which took some time to resolve. Mr. Weber remains affected by depression, anxiety, and post traumatic stress disorder. He avoids confrontational situations…

[75] In the present case, Mr. Weber is now 54 years old. A number of his injuries, including his headaches, bruising and soft tissue injuries cleared up after several months. For a considerable time after the assault he was bothered with nightmares and had difficulty sleeping. He is left with a number of problems. He has difficulty with the alignment of his jaw; he still is clumsy and, while greatly improved, he has difficulty finding and pronouncing some words. Mr. Weber remains anxious and fearful of the defendant and avoids going places where the defendant might be. He avoids situations with guests at the motel where any type of conflict could arise, deferring to his wife to handle such matters. Dr. Smith says he will remain permanently impaired by symptoms of anxiety.

[76] Mr. Weber’s injuries and the residual effects of those injuries are significant, however, in my view, each of the cases cited by counsel for Mr. Weber involve circumstances where the injuries and residual effects to the plaintiffs were more significant. After a consideration of the factors outlined above in Stapley, I conclude $150,000 is an appropriate and fair amount to award for non-pecuniary damages.


$125,000 Non-Pecuniary Assessment For Fractured Ankle and Psychological Injuries

June 22nd, 2012

Reasons for judgement were released last week by the BC Supreme Court, Vernon Registry, assessing damages for physical and psychological injuries resulting from a motor vehicle collision.

In last week’s case (Verge v. Chan) the Plaintiff was injured in a 2006 head-on collision.  She was 34 at the time and lived a ‘farming lifestyle’ which required significant strenuous labour.  The Plaintiff suffered a fractured ankle and psychological injuries both of which lingered to the time of trial and impeded with her physical lifestyle.  In assessing non-pecuniary damages at $125,000 Mr. Justice Greyell provided the following reasons:

Ms. Verge suffered soft tissue injuries to her neck and back, a fractured right talus, bruising to and pain in her chest, and pain in her left shoulder, both knees, and hip.

[7] She continues to suffer from her ankle injury, sleep disturbance, headaches, stress, anxiety, including post-traumatic stress disorder (“PTSD”), depression and chronic pain…

[72] The injury she sustained in the accident of December 6, 2006, has had a significant effect on her physical and mental health.  She is left in virtually constant pain with an unstable ankle such that she can no longer perform the tasks she used to perform on the farm and about the house or enjoy the hobbies and recreational pursuits she used to enjoy pre-accident.  She has developed mental health issues, including PTSD and depression, which will require a significant course of treatment before she can return to work.  As a result of her injuries, the work opportunities which will be available to her are less than pre-accident.  She has lost the farming lifestyle she enjoyed and her family, marital, and social relationships have been impaired…

78] After considering the evidence, the factors enumerated by the Court of Appeal in Stapley, and the authorities cited by counsel, I award non-pecuniary damages in the amount of $125,000.