$800,000 for serious whiplash injury.
On August 28, 2015, the BC Supreme Court awarded nearly $800,000 in damages to a a plaintiff who suffered a serious whiplash injury. In Kanters v Galasinao, 2015 BCSC 1532, the plaintiff Kanters suffered a whiplash injury to her neck following a 2007 motor vehicle accident. Despite having treatment with several chiropractors, massage therapists, physiotherapists, acupuncturists and seeing numerous specialists, the pain persisted. The plaintiff attended an active rehabilitation program and was enrolled in a pain clinic where she was administered nerve blocks. At the time of trial in 2014, the...
read more$67,500 for chronic soft tissue injuries and depression.
In Dhanji v. Holland, 2015 BCSC 1351, the plaintiff pedestrian was struck in a marked cross walk by a vehicle driven by the defendant. The defendant admitted fault for the collision. The plaintiff suffered a variety of soft tissue injuries, some of which were chronic in nature and developed depression secondary to this. In assessing non-pecuniary damages at $67,500 (a figure which was arrived at following a 10% deduction in damages for the plaintiff’s failure to mitigate damages by refusing to attend recommended counselling) Mr. Justice Pearlman provided the following reasons: [108] The...
read more$110,000 for fractured fibs, knee injury and chronic pain.
In Grewal v. Naumann, 2015 BCSC 1147, the plaintiff was involved in a 2007 T Bone collision. The collision was significant and resulted in 3 broken ribs, a knee injury requiring surgical intervention and a variety of soft tissue injuries resulting in some chronic symptoms. In assessing non-pecuniary damages at $110,000 Mr. Justice Masuhara provided the following reasons: [120] My findings of the injuries suffered by the plaintiff from the Accident are: (a) three fractured ribs two of which were comminuted, and internal injuries which physically healed by January 2008; (b) chondromalacia...
read more$75,000 For chronic back pain.
In Renaerts v. Renaerts, 2015 BCSC 1028, a 24 year old plaintiff was injured as a passenger in a 2009 collision. She sustained a variety of injuries that made a quick recovery but also sustained a back injury which remained symptomatic to the time of trial and had a generally guarded prognosis. In assessing non-pecuniary damages at $75,000 Mr. Justice Brown provided the following reasons: [215] Given accepted evidence as a whole, I agree with Mr. Shew that rehabilitation should focus on healthy activity, core strengthening, and a guided exercise program. I do not see this form of therapy...
read more$150,000 for bilateral wrist and femur fracture.
On June 2, 2015, the BC Supreme Court assessed damages for bilateral wrist fractures leading to permanent partial dysfunction and a femur fracture. In Ishii v. Wong the plaintiff was involved in a 2012 motorcycle collision caused by the defendant. He sustained fractures to both wrists, and his right femur. These injuries requires surgical intervention including the installation of hardware in both wrists and his right leg. His dominant wrist did not fully heal and was left with permanent dysfunction. In assessing non-pecuniary damages at $150,000 Madam Justice Gerow provided the...
read more$100,000 for soft tissue injuries with psychological aspect.
On April 1, 2015, a judge of the BC Supreme Court assessed damages for a chronic pain condition stemming from collision related soft tissue injuries. In Karim v. Li the plaintiff was injured in a 2011 collision. The defendant accepted fault for the crash. The plaintiff suffered various soft tissue injuries which, coupled with psychological consequences, resulted in an ongoing chronic pain condition. In assessing non-pecuniary damages at $100,000 Mr. Justice Abrioux provided the following reasons: (a) prior to the Accident, Mr. Karim was a hard-working and industrious man who had overcome...
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