Background: Maria Helena Tompkins suffered injuries in a motor vehicle accident on June 29, 2017, resulting in significant impairments, including injuries to her right shoulder, head, neck, back, arm, and hip. Liability was admitted by the appellants.

Trial Court Decision: The trial judge awarded the respondent:

• Non-pecuniary damages: $190,000 (including loss of housekeeping capacity)
• Past loss of earning capacity: $120,000
• Future loss of earning capacity: $255,000
• Special damages: $4,970
• Cost of future care: To be calculated

Legal Arguments/Issues: The appellants sought to reduce the damages awarded by the benefits provided by the Insurance Corporation of British Columbia under s. 83 of the Insurance (Vehicle) Act. The trial judge reduced the deductions based on contingencies, leading to an appeal on the grounds that the reductions were untethered to specific contingencies.

Appeal Court Decision: The appeal was partially allowed. The Court adjusted the reductions:

• Future Earning Capacity Award: Reduced by 20% after deducting $16,800 already paid, resulting in a final award of $115,058.88.
• Future Care Award: Reduced by 20% after deducting $2,774.30 already paid, resulting in a final award of $78,960.43.

Total Amount Awarded: After adjustments, the total awarded to Maria Helena Tompkins was $508,989.31.