Background: The case "Mundy v. Chernichen" involved Darin Keith Mundy and Darin’s Plumbing Ltd. (appellants/defendants) and Kyla Marie Chernichen (respondent/plaintiff). The appellants appealed a decision from the Supreme Court of British Columbia regarding an award of damages following a vehicle accident.

Incident and Liability: The appellants' vehicle rear-ended Chernichen’s car in October 2018. The appellants acknowledged liability and admitted the accident caused Chernichen's injuries.

Trial Court's Decision: The trial court awarded Chernichen damages totaling $642,116:

• Non-pecuniary damages: $110,000
• Past loss of income: $16,500
• Loss of future earning capacity: $450,000
• Cost of future care: $62,016
• Special damages: $3,600

Legal Arguments/Issues on Appeal: The appellants contested the award for loss of future earning capacity, arguing the trial judge failed to consider positive contingencies that might reduce the award. They claimed the judge did not appropriately weigh the likelihood of the respondent working more than 60% capacity or finding suitable accommodations.

Appeal Court's Decision: The Court of Appeal for British Columbia dismissed the appeal. The court held that, although the trial judge did not explicitly detail specific contingencies, she adequately considered them within the context of the case. The appellate court found no error in the judge’s assessment, affirming the total damages of $642,116 as fair and reasonable.

ConclusionL The appeal was dismissed, and the trial court's award of $642,116 to Kyla Marie Chernichen was upheld.