Ishii v. Thompson
Brandon Kiyoshi Ishii
Derrick Andrew Thompson
Law Firm / Organization
Kovacs & Norell
The Corporation of the City of Port Coquitlam
Law Firm / Organization
Kovacs & Norell

Background: Brandon Kiyoshi Ishii was involved in two motor vehicle accidents. The first, on August 24, 2010, caused fractures to his right leg and wrist, resulting in permanent partial disabilities. Despite these injuries, he continued to work and engage in hobbies. The second accident occurred on July 25, 2017, when Derrick Andrew Thompson, driving a vehicle owned by The Corporation of the City of Port Coquitlam, collided with Mr. Ishii’s vehicle. The defendants admitted liability for the 2017 accident. Mr. Ishii claimed this accident worsened his pre-existing injuries and caused new issues, affecting his ability to work and engage in daily activities.

Legal Issues/Arguments: Mr. Ishii sought damages for:

  • Non-Pecuniary Damages: Pain and suffering from the 2017 accident.
  • Past Loss of Earning Capacity: Reduced ability to work post-accident.
  • Future Loss of Earning Capacity: Projected income loss due to ongoing issues.
  • Loss of Housekeeping Capacity: Inability to perform household tasks.
  • Future Care Costs: Ongoing medical treatments and personal care.
  • Special Damages: Immediate costs from the accident.

Held: The court considered the impact of Mr. Ishii's 2010 injuries and the new injuries from the 2017 accident. It evaluated the credibility of Mr. Ishii’s reported limitations and expert testimonies on his physical and psychological conditions. The court awarded damages for the exacerbation of pre-existing conditions and new injuries.

Costs/Damages Awarded: The court awarded $4,026.05 in special damages and a total of $402,596.05 to Mr. Ishii.

Supreme Court of British Columbia
M194519
Personal injury law
$ 402,596
Plaintiff