Injured party experiences neck and upper back discomfort, headaches, sleeping difficulties
The Supreme Court of British Columbia has awarded total damages of $3,325,588 to a man who suffered serious injuries due to a May 2016 motor vehicle accident on the Island Highway in Nanaimo, BC.
The plaintiff was stopped at a red light on the highway when the defendant’s vehicle rear-ended his Jeep at high speed. The impact, described by a witness as explosive, pushed the plaintiff’s vehicle 20–25 feet into the intersection and scattered debris everywhere. In the aftermath, the plaintiff slumped over the steering wheel and appeared to be drifting in and out of consciousness.
The defendant admitted liability for the accident. Before that day, the plaintiff had been working as a heavy equipment operator and had been planning to establish an excavation business on Salt Spring Island. The accident altered these plans and affected his personal and professional life.
Following the incident, the plaintiff experienced neck and upper back pain, headaches, and sleeping difficulties. His condition worsened in 2021, when he suffered cervical radiculopathy that required surgery. After the surgery, his pain levels increased. He continued to suffer from chronic pain and fatigue.
In Jacques v Linford, 2024 BCSC 1548, the British Columbia Supreme Court awarded the plaintiff $3,325,588 in damages. This total consisted of $225,000 in non-pecuniary damages; $610,000 in past loss of earning capacity; $2,247,840 in loss of future earning capacity; $222,125 in cost of future care; and $20,623 in special damages.
The court found the plaintiff a credible and reliable witness, despite the defendant’s challenge to some of his testimony. The court rejected the defendant’s argument that the plaintiff had fabricated evidence about his financial savings. The court accepted the plaintiff’s explanation that he had accumulated around $50,000 in savings before the accident.
The plaintiff presented uncontradicted medical expert evidence, including reports from specialists in physical medicine, psychiatry, and neurology, which established the long-term impact of the accident on his health, the court noted.
These medical experts confirmed that the plaintiff suffered from chronic pain, major depressive disorder, and somatic symptom disorder, which left him unable to work in his pre-accident capacity, the court said.
Regarding pre-trial loss of earning capacity, the court noted that the plaintiff had been earning between $30–$50 per hour as a heavy equipment operator before the accident. He had planned to purchase excavation equipment and build his own contracting business, which would have allowed him to earn higher hourly rates, the court added.
For future loss of earning capacity, the court found that the plaintiff was unlikely to ever return to full-time employment due to his physical and psychological limitations. The court rejected the defendant’s argument that the plaintiff might eventually return to work.
The plaintiff’s cost of future care included expenses for psychological counselling, physiotherapy, massage therapy, and medication. While the plaintiff had undergone various treatments since the accident, he would likely need ongoing care for the rest of his life since his condition had not significantly improved, the court said.
Special damages consisted of medical and paramedical expenses and transportation costs. The plaintiff incurred reasonable and compensable travel expenses since he frequently travelled to Victoria and Vancouver for treatment, the court found.
