Alagar v Mackay
Ariel Alagar
Law Firm / Organization
Not Specified
Lawyer(s)

P. Bisbicis

R. Fang

Fraser Mackay
Law Firm / Organization
Not Specified
Lawyer(s)

M. Von Antal

Plaintiff, Ariel Alagar and defendant, Fraser Mackay were involved in a rear-end collision on December 13, 2017, in Burnaby, BC. They disagreed about who was liable for the accident. Alagar claimed Mackay was solely responsible or at least 90% liable, while he bore 10% of the responsibility. Mackay denied liability. The dispute also extended to the damages claimed, including non-pecuniary damages, past and future loss of income earning capacity, and future cost of care. Special damages for Mr. Alagar were agreed upon, but Mackay contended that Alagar failed to mitigate his damages, though this argument was not heavily pursued during the trial. The court ruled that Mr. Alagar was awarded the following damages: a) $80,000 in non-pecuniary damages b) $31,338.59 for past loss of earning capacity c) $175,000 for future loss of earning capacity d) $2,988 for the cost of future care e) $1,045 for special damages The total sum of the awarded damages for Mr. Alagar was $290,371.59. Regarding costs, since Mr. Alagar successfully established Mr. Mackay's liability for the MVA and was awarded damages, he was entitled to the costs of the action as per usual. If there were any circumstances that may affect the costs order, the parties could file written costs submissions not exceeding five pages.

Supreme Court of British Columbia
M199860
Personal injury law
$ 290,372
Plaintiff