Brill v. Forsyth
Bonnie Brill
Law Firm / Organization
Clark Woods LLP
Stephen Charles Forsyth

Background:
Bonnie Brill filed a lawsuit against Stephen Charles Forsyth for damages resulting from a motor vehicle collision on April 27, 2015, in Port Coquitlam, British Columbia. Forsyth admitted liability for the collision.

Injuries and Claims:
Ms. Brill alleged that the collision caused her soft tissue injuries, chronic pain, psycho-emotional distress, and driving anxiety, impairing her ability to work and participate in daily activities. She sought damages for non-pecuniary losses, past and future income loss, and special damages.

Defendant's Arguments:
Mr. Forsyth acknowledged Ms. Brill's injuries but argued that her pre-existing conditions, such as degenerative disc disease, would have led to similar symptoms eventually, irrespective of the collision. He suggested that damages should be adjusted accordingly.

Court's Findings:
The court determined that while the collision caused Ms. Brill's injuries, her pre-existing conditions also contributed. The court carefully evaluated the severity, duration of symptoms, and her diminished work capacity.

Award:
The court awarded Ms. Brill a total of $492,984.75 in damages, broken down as follows:

  • Non-pecuniary damages: $110,500
  • Past loss of earning capacity: $225,054
  • Future loss of earning capacity: $151,299
  • Special damages: $5,131.75

Ms. Brill was also entitled to her costs .

Supreme Court of British Columbia
M190456
Personal injury law
Plaintiff