$160,000 Non-Pecuniary Assessment for Head Injury With Lingering Cognitive Issues

Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, assessing damages for a mild traumatic brain injury caused by a collision.

In the recent case (Dube v. Dube) the Plaintiff was injured as a passenger involved in a single vehicle collision.  The Defendant accepted fault.  The crash caused a variety of injuries including a traumatic brain injury which caused cognitive deficits which were expected to linger indefinitely.  In assessing non-pecuniary damages at $160,000 Madam Justice Burke provided the following reasons:

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$75,000 Non-Pecuniary Assessment For Chronic Soft Tissue Injuries

Reasons for judgement were published today by the BC Supreme Court, Nanaimo Registry, assessing non-pecuniary damages at $75,000 for persistent soft tissue injuries.

In today’s case (Stapleton v. Andrew) the Plaintiff was involved in a 2015 intersection collision.  The Defendant accepted fault.  The crash caused soft tissue injuries which lingered to the time of trial and were not expected to experience significant improvement in the future.  In assessing non-pecuniary damages at $75,000 Mr. Justice Skolrood provided the following reasons:

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BC Court of Appeal – Forseeability Is No Defense To Low Impact Collisions

Last year a BC Supreme Court level judgement dismissed a personal injury claim in part due to the logic that it is not foreseeable that someone will suffer injury in a low velocity impact collision in a parking lot. Today the BC Court of Appeal overturned this judgement finding the trial judge was wrong in their application of the foreseeability principle and that physical injury is foreseeable from collisions, even minor ones.

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ICBC Criticized For Not Practicing What It Preaches

In recent months both ICBC and the Provincial Government have been vocal in criticizing the use of medico-legal reports in injury litigation resulting in rule changes restricting the rights of litigants in relying on such evidence. In reality ICBC has no reservations seeking out numerous expert reports when it suits their interests in litigation. This inconsistency resulted in critical comments today from the BC Supreme Court.

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Court Challenge Launched Against ICBC's "Minor" Injury Laws

Update – Below is a copy of the filed Notice of Civil Claim.  It is a compelling and concise pleading and I recommend that lawyers and non-lawyers alike review the arguments in full.  In short it argues that the scheme of capping ‘minor‘ injuries and forcing some claims away from the BC Supreme Court violates s. 15 of the Charter (which I previously discussed here) and also is an improper derogation from the Superior Court’s jurisdiction as contemplated by s. 96 of the Constitution Act.

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Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

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