Background:
Crystal Leanne Tommy tripped in a pothole in the parking lot of a 7-Eleven in Smithers, BC, on May 2, 2018, fracturing her ankle in three places. Despite undergoing medical treatment, she continued to experience pain, immobility, and additional injuries, including a back injury from a later fall. She gained significant weight and developed other health complications following the initial accident.

Legal Arguments/Issues:
The case involved whether 7-Eleven Canada, Inc. and ABC Property Management Company were liable under the Occupiers Liability Act. Ms. Tommy argued the defendants failed to maintain the premises safely. The defense challenged the causation of her injuries and the extent of her damages, claiming the accident was not as described by the plaintiff.

The court addressed:

• Whether the defendants were negligent under the Occupiers Liability Act.
• The extent and nature of Ms. Tommy’s injuries.
• The appropriate damages for non-pecuniary losses, future care, loss of income, and housekeeping capacity.

Award and Costs:
The court found in favor of Ms. Tommy, awarding her a total of $907,363.00 in damages. This included:

• $175,000.00 for non-pecuniary damages,
• $171,863.00 for future housekeeping capacity,
• $494,000.00 for future income loss,
• $17,000.00 for future care costs,
• $10,000.00 for past income loss.