Introduction:
This case arose from a motor vehicle accident on October 28, 2019, in Richmond, British Columbia. The plaintiff, Michael Nguyen, was driving when the defendant, Larissa Rayne Elberg, failed to stop at a red light and collided with his vehicle, causing serious injuries. The second defendant was Enterprise Rent-A-Car Canada Company. The defendants admitted liability, and the case focused on assessing damages.

Injuries and Causation:
Michael Nguyen suffered musculoskeletal injuries to his cervical, thoracic, and lumbar spine, chronic pain, headaches, PTSD, anxiety, and depression. His cognitive abilities were also affected, leading to difficulties with concentration and memory. His prognosis remained guarded, with permanent physical and psychological impairments.

Legal Issues and Arguments:
The court assessed:

• Mitigation: The defense argued Nguyen failed to mitigate damages by delaying psychological treatment. The court agreed in part, reducing non-pecuniary damages by 5%.

• Loss of Earning Capacity: The plaintiff claimed substantial past and future income loss due to his injuries. The court awarded damages based on a reduced earning capacity model.

• Future Care Costs: The court allowed compensation for therapy, rehabilitation, and medication.

Total Award:
The court awarded Nguyen $716,795, including:

• $190,000 (non-pecuniary damages)

• $34,000 (past loss of income)

• $443,000 (future earning capacity)

• $48,950 (future care costs)

• $845 (special damages)

Nguyen was entitled to costs at Scale B as the successful party.