Background:
Leah Kathleen Tench, the plaintiff, was injured in a motor vehicle accident on January 14, 2020, when her car was rear-ended by the defendant, Eric Michael Sullivan. This was her third accident, following two prior collisions in 2015 and 2018. She suffered from chronic pain, traumatic bilateral thoracic outlet syndrome (TOS), and psychological distress.

Legal Issues:
The court had to determine:

1. Whether the Subject Accident worsened her pre-existing injuries.
2. How damages should be allocated considering prior compensated injuries.
3. Whether the defendant was 100% liable for the accident.

Findings and Judgment:
Justice Morley found Sullivan fully liable and ruled that the Subject Accident exacerbated Tench’s injuries, particularly her psychological condition. The court rejected the defendant’s argument that damages should be assessed as “indivisible” and instead measured the additional harm caused by the 2020 accident.

Total Award: $282,071.64

• Future Earning Capacity Loss: $187,806.50
• Non-Pecuniary Damages (Pain & Suffering): $40,000
• Costs of Future Care: $49,986
• Special Damages: $4,279.14

The Insurance Corporation of British Columbia (ICBC), as a third party, was given 14 days to request adjustments under section 83 of the Insurance (Vehicle) Act. If no adjustments were made, the full amount would be payable to Tench, along with costs assessed at Scale B.