Kler v. Kumar
Karambir Singh Kler
Law Firm / Organization
Preszler Injury Lawyers BC
Lawyer(s)

Raj Bhogal

Evan Lay

Raj Kumar
T. Kumar Sweets Restaurant
  • Facts: Karambir Kler was rear-ended on August 24, 2017, leading to injuries. The defendants admitted liability for the accident but disputed the cause and extent of Kler's ongoing low back pain. A key issue was the cause of Kler’s low back pain and the neurological symptoms.

  • Issue: Whether Kler’s ongoing low back pain and symptoms were caused by the accident and the extent of damages he is entitled to.

  • Court’s Ruling: The court preferred the plaintiff's expert evidence on causation, finding Kler’s low back pain and symptoms were caused by the accident. It recognized Kler's loss in various capacities but adjusted the compensation due to his pre-existing condition and failure to mitigate by not undergoing recommended surgery.

  • Costs/Damages Awarded: Kler was awarded damages in the following amounts:

    • Past Loss of Earning Capacity: $63,750
    • Future Loss of Earning Capacity: $42,500
    • Future Loss of Housekeeping Capacity: $45,000
    • Non-Pecuniary Damages: $107,100
    • Future Cost of Care: $5,100
    • Special Damages: $8,147
    • Total: $271,597
Supreme Court of British Columbia
M209631
Personal injury law
$ 271,597
Plaintiff