On August 14, 2015, a motor vehicle accident occurred in Abbotsford, BC, involving the plaintiff, Rodney Ian Demrey, who was driving a 2001 Honda CRV, and the defendant, Ricardo Daniel Gomes, driving a 2002 Ford Winstar owned by his father, Ricardo De Oliveira Gomes. The Winstar collided with the rear end of the Honda on Highway #1.
Mr. Demrey sought various damages, including non-pecuniary damages, loss of past and future income capacity, cost of future care, and special damages. The defendants acknowledged that Mr. Demrey likely sustained injuries and was entitled to damages for pain and suffering. However, they disputed the extent of the impact on his life and employment, suggesting he had pre-existing conditions that were aggravated but later resolved.
The court awarded damages to Mr. Demrey as follows:
1. Non-pecuniary damages: $108,000
2. Past Income Loss: $206,538.65
3. Loss of Future Earning Capacity: $123,196
4. Cost of Future Care and Assistance: $33,858.83
5. Special Damages: $2,384
The total damages awarded amounted to $473,977 (rounded).
Mr. Demrey was also entitled to prejudgment court order interest on his past income loss and special damages, in accordance with the Court Order Interest Act, R.S.B.C. 1996, c. 79. Additionally, he claimed a tax gross up for any award for the cost of future care and assistance.
Finally, unless there were undisclosed circumstances, Mr. Demrey was entitled to his costs at Scale B.