Background:
Paul Jacques, a heavy equipment operator, was rear-ended by Garfield Linford on May 17, 2016, while stopped at a red light on the Island Highway in Nanaimo, British Columbia. The collision resulted in significant injuries for Jacques, including chronic pain and psychological issues, which impaired his ability to work and enjoy life. Jacques had relocated to Salt Spring Island shortly before the accident with plans to establish an excavation contracting business.

Legal Arguments/Issues:

• Causation: The court examined whether the accident caused the C7 radiculopathy Jacques developed in 2021. It was determined that the accident materially contributed to this condition.
• Loss of Earning Capacity: Jacques claimed he could no longer work due to his injuries. The court agreed, finding him unemployable with poor prospects for returning to work.
• Mitigation: The defense argued Jacques failed to mitigate his injuries, but the court found no unreasonable behavior warranting a reduction in damages.

Award:
Paul Jacques was awarded a total of $3,325,588, broken down as follows:

• Non-pecuniary damages: $225,000
• Past loss of earning capacity: $610,000
• Loss of future earning capacity: $2,247,840
• Cost of future care: $222,125
• Special damages: $20,623

As the successful party, Jacques was also entitled to his costs on Scale B.