Chu v. Brammer
Kwok Fan Chu
Law Firm / Organization
Not Specified
Lawyer(s)

R. Lo

Terence Robert Brammer
Law Firm / Organization
Not Specified
Rosanna Brammer
Law Firm / Organization
Not Specified

Executive Summary – Key Legal and Evidentiary Issues

  • Disputed causation between the motor vehicle accident and the plaintiff’s ongoing physical and psychological symptoms.

  • Conflicting medical expert opinions on the extent, nature, and permanency of Mr. Chu’s injuries.

  • Assessment of credibility concerning Mr. Chu’s self-reported limitations and their consistency with surveillance and medical evidence.

  • Evaluation of future earning capacity based on limited work history and projected employability post-injury.

  • Quantification of damages for loss of housekeeping ability and care provided by family members (in-trust claims).

  • Determination of reasonable future care costs amid competing expert life care plans.

 



Facts of the Case

In March 2015, John Chu was rear-ended while stopped at a red light in Burnaby, B.C. Although the crash caused only minor damage to his vehicle, Chu said it left him with lasting injuries. He claimed:

  • Chronic pain in his neck, back, and shoulders

  • Memory and concentration problems (cognitive issues)

  • Depression and anxiety

  • Trouble working and handling daily tasks

Chu sued the other driver, Jordan Brammer, for damages, arguing that the accident severely impacted his health and ability to earn a living.

Arguments and Court’s Analysis

The case centered on whether Chu’s health issues were truly caused by the crash — and whether they were as serious as he claimed.

Key Issues the Court Considered:

  • Medical experts gave conflicting opinions: Some supported Chu’s version of events, others believed his symptoms were exaggerated or unrelated.

  • Surveillance videos showed Chu doing tasks (like shopping or traveling) that didn’t match his description of his limitations.

  • Chu had a spotty work history even before the crash, making it hard to say the accident alone reduced his earning capacity.

  • His wife cared for him after the crash, but the court found the time and intensity of her support was overstated.

The judge believed Chu did suffer real injuries — but not to the extent he claimed.

Final Outcome: What the Court Awarded

After reviewing all the evidence, the court awarded Chu a total of $454,335.56 in damages, broken down as follows:

Type of Damages Amount
Non-pecuniary damages $140,000.00
Past loss of earning capacity $135,430.00
Future loss of earning capacity $164,376.00
Future care costs $800.00
Loss of housekeeping capacity $0.00
In-trust claim $7,000.00
Special damages (agreed) $6,729.56
Total $454,335.56
Supreme Court of British Columbia
S221895
Personal injury law
$ 454,336
Plaintiff