Plaintiff
Defendant
Facts:
Jennifer Georgina Roberts, the plaintiff, was injured in two car accidents—one in 2012, caused by Joel Kenneth Colbourne, and another in 2017, involving a vehicle driven by an RCMP constable. The accidents led to chronic pain, compounded by a rheumatoid arthritis (RA) diagnosis in 2018.
Legal Issues:
Roberts sought damages for non-pecuniary loss, loss of earning capacity, housekeeping capacity, and future care costs. Colbourne and the Minister of Public Safety and Solicitor General admitted liability but disputed the extent and divisibility of Roberts' injuries between the two accidents.
Medical Evidence:
Roberts presented evidence from three medical experts, who confirmed her chronic pain, fibromyalgia, and anxiety stemming from the accidents. Colbourne and the Minister argued that her RA symptoms, which worsened without treatment, played a significant role in her condition.
Court Findings:
The court found the injuries from both accidents indivisible, with the second accident aggravating Roberts' existing chronic pain. Roberts was awarded non-pecuniary damages of $133,000 (after a 5% reduction for failure to mitigate her injuries through earlier treatment), $36,000 for past loss of earning capacity, $73,000 for future earning capacity, and $27,380 for future care costs. Her total damages amounted to $307,214.57.
Costs:
As the successful party, Roberts was entitled to costs at Scale B, with damages apportioned equally between Colbourne and the Minister for claims post-second accident.
Court
Supreme Court of British ColumbiaCase Number
M145935Practice Area
Personal injury lawAmount
$ 307,215Winner
PlaintiffTrial Start Date
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