Background:
Scott Pickwell suffered injuries from two motor vehicle accidents in 2013 and 2014. The defendants, Ranjit Rajwan, Svetlana Rotter, and Daniel Rotter, admitted liability, and the case proceeded to trial solely to determine damages. His main injuries included chronic back pain, major depressive disorder, and persistent postural perceptual dizziness.

Trial Decision:
The Supreme Court of British Columbia awarded Pickwell $407,761 for loss of future earning capacity. The trial judge based this on a minimum wage earning assumption and applied contingency deductions for unemployment and potential recovery.

Appeal & Legal Issues:
On appeal, Pickwell sought leave to resile from his trial position and argue for a significantly higher award, claiming that the judge misapplied the Rab v. Prescott framework. He contended that the trial court erred in assuming he would only earn minimum wage and in calculating negative contingencies.

Court of Appeal Decision:
The British Columbia Court of Appeal denied leave for Pickwell to change his trial position, emphasizing that strategic decisions made at trial bind the appellant unless exceptional circumstances exist. The court ruled that permitting him to argue a different method of damages assessment on appeal would undermine the finality principle.

Final Outcome:
The appeal court upheld the $407,761 award. Pickwell remained entitled to proceed with the appeal within the constraints of his trial position.