Background Facts
- Plaintiff’s Life Prior to the MVA: Dr. Femida Kherani, a highly specialized oculoplastic surgeon, led an active professional and personal life. She maintained practices in Burnaby, BC, and Calgary, AB, often working long hours and participating in various physical activities.
- The MVA: On March 30, 2017, Dr. Kherani’s vehicle was stopped at a red light when it was rear-ended by the defendants’ vehicle. She sustained multiple injuries including a mild concussion, myofascial pain, and frequent migraines.
- Plaintiff’s Life After the MVA: Post-accident, Dr. Kherani experienced persistent and severe pain, limiting her ability to work at her previous capacity. Her symptoms included headaches, neck and shoulder pain, and right arm tingling, severely affecting her professional and personal life.
Legal Arguments/Issues
- Liability: The defendants did not admit liability but did not provide evidence challenging it.
- Causation: Dispute centered on whether Dr. Kherani’s right shoulder surgery, performed six years post-MVA, was causally related to the accident.
- Damages: The court assessed the impact of Dr. Kherani’s injuries on her ability to work, including non-pecuniary damages, loss of income-earning capacity, and cost of future care.
Assessment of Damages
- Non-Pecuniary Damages: $144,000 for pain, suffering, loss of enjoyment of life, and amenities.
- Past Loss of Income-Earning Capacity: $1,195,856.
- Future Loss of Income-Earning Capacity: $4,775,000.
- Cost of Future Care: $240,000.
- Special Damages: $45,741.
Total Award: The total judgment in favor of Dr. Kherani amounted to $6,400,597.
Costs: The plaintiff was entitled to her costs at Scale B, subject to further submissions by the parties .
