Executive Summary – Key Legal & Evidentiary Issues

• Liability for the motor vehicle accident was admitted by the defendant, narrowing the case to the assessment of damages.

• The plaintiff's permanent partial disability and chronic knee injuries were supported by both plaintiff and defence medical experts.

• Disputed whether the plaintiff’s injuries would significantly limit future income-earning capacity, especially given her immigration status and lack of Canadian work history.

• Expert testimony confirmed Ms. Wei’s physical limitations and psychological impact, including PTSD and depression.

• The extent of Ms. Wei’s loss of housekeeping ability and the appropriate cost of future care were contested.

• Appropriate valuation method for future income loss was debated, with the court adopting a capital asset approach based on a 50% work capacity reduction.

Facts of the Case

On November 28, 2015, Ailing Wei was out walking her Labrador retriever in Surrey, British Columbia, when her life changed in an instant. As she crossed the street at the intersection of 136 Street and 28th Avenue, two vehicles collided. One of them struck Ms. Wei, knocking her unconscious and causing significant injuries, especially to both of her knees.

Ms. Wei was rushed to Royal Columbian Hospital where she was treated for a comminuted patellar fracture (a shattered kneecap) in her left knee, and a transverse fracture in her right knee. Her left knee also had a laceration that exposed the patellar tendon. Over the following months, Ms. Wei required extensive assistance to perform even the most basic daily activities. She used crutches for a year and continued to suffer from pain and reduced mobility.

Before the accident, Ms. Wei was a 37-year-old homemaker and mother of two who had recently immigrated from China to support her daughters’ education in Canada. Though not employed in Canada at the time of the accident, she had prior work experience in hospitality, healthcare sales, and managing a coffee shop. She hoped to eventually work at T&T Supermarket, where she could interact with the local Mandarin-speaking community.

The defendant, Iftikhar Ahmad, admitted liability for the accident. This shifted the trial’s focus entirely to the assessment of damages—how much compensation Ms. Wei deserved to return her, as much as possible, to the life she would have had if the accident hadn’t occurred.

Arguments and Court’s Analysis

Injuries and Prognosis

Both parties relied on expert medical opinions. Orthopedic surgeons on both sides agreed that Ms. Wei suffered chronic patellar tendinopathy, a painful and permanent inflammation of the knee tendons. Psychiatric evidence also indicated she experienced post-traumatic stress disorder (PTSD) and major depressive disorder due to the accident, though her symptoms were rated as mild to moderate.

Ms. Wei testified that her injuries continued to impact her daily life. She could no longer squat, had difficulty standing or walking for long periods, and was unable to perform many household chores or participate in recreational activities. These limitations also impacted her ability to pursue future employment.

Future Loss of Income-Earning Capacity

Ms. Wei sought compensation for loss of future earning capacity, even though she had not worked in Canada and did not yet have a work permit or permanent residency status. She claimed that but for the accident, she would have worked full-time in a retail or bakery role.

The defence argued that her immigration status made any income projections too speculative and that there was insufficient evidence to prove she would have worked full-time.

The court disagreed, finding it more likely than not that Ms. Wei would eventually gain permanent residency and be able to work. The court acknowledged her work history, her motivation to find employment, and her credible testimony about intending to support her family financially.

Using the capital asset approach, the court valued her lost income capacity at 50% of a full-time baker’s wage, resulting in an award of $293,150.

Non-Pecuniary Damages

Ms. Wei also received $150,000 in non-pecuniary damages for pain, suffering, and loss of enjoyment of life. The court found that her physical injuries, psychological distress, and limitations on family and social life justified a significant award. The fact that Ms. Wei had not exaggerated her condition and had taken reasonable steps to improve it was also considered.

Housekeeping Capacity and Future Care

The court awarded:

• $30,000 for loss of housekeeping capacity, based on her inability to perform certain household tasks without pain.

• $27,000 for future care, covering items like kinesiology sessions, fitness programs, and occasional physiotherapy or massage therapy to manage her chronic pain.

Special Damages

An agreed-upon sum of $5,679.66 was awarded to cover out-of-pocket expenses Ms. Wei had already incurred due to the accident.

Outcome

The total damages awarded to Ms. Wei amounted to $505,829.66, broken down as follows: