Reasons for judgement were published this week by BC’s Civil Resolution Tribunal (“CRT”) addressing fault and damages following a collision. In what is one of the lowest assessments of non-pecuniary damages I have seen the CRT awarded $1,500 for injuries which lasted several months.
In today’s case (Thandi v. Uggal) the Applicant was involved in a 2019 collision. The Respondent denied fault but was found liable for the crash.
The Applicant, who was self represented, gave evidence that he suffered various soft tissue injuries. These required 3 physiotherapy sessions and two doctors visits. The Applicant did not bring medico-legal evidence in support of his claim.
Tribunal Member Kristin Gardner accepted he was injured but awarded non-pecuniary damages at only $1,500. In doing so the Member cited a BC Provincial Court authority from 14 years ago, took the lowest end of the suggested range of applicable damages and did not adjust it for inflation. In reaching this assessment the following reasons were given: