Plaintiff's vehicle struck the defendant's car, causing both vehicles to be written off
The BC Supreme Court awarded compensation to a plaintiff injured in a vehicle accident despite concerns over his credibility and pre-existing conditions.
The plaintiff, born in Iran, had a history marked by political activism and subsequent persecution. After facing imprisonment and surviving an assassination attempt, he fled to Turkey in 2009 and secured refugee status in Canada in 2011. Despite health issues stemming from a gunshot wound and limited education, the plaintiff endeavoured to work in various capacities in Canada, including cleaning, security, and truck driving.
On January 28, 2019, the plaintiff was driving westbound on Kingsway Avenue in Port Coquitlam when the defendant exited a parking lot and crossed in front of his vehicle, resulting in a collision. The plaintiff’s vehicle struck the defendant's car, causing both vehicles to be written off. The plaintiff reported neck and shoulder pain, dizziness, and headaches following the accident.
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The plaintiff’s injuries led to persistent back and neck pain, headaches, and reduced capacity to work. He experienced a range of symptoms, including numbness in his extremities and chronic pain. His ability to perform physical tasks and maintain previous employment as a truck driver was severely impacted.
Medical evaluations diagnosed the plaintiff with several conditions, including musculoskeletal injuries, post-traumatic headaches, and anxiety. Despite these findings, the medical reports were critiqued for relying heavily on the plaintiff's self-reports, which raised credibility concerns.
The court evaluated the plaintiff’s credibility, noting inconsistencies in his testimony and documented evidence. Concerns about his history of failing to report income to tax authorities and inconsistent statements regarding his employment and health conditions were raised. Surveillance footage showed the plaintiff engaging in physical activities contradicting his claimed limitations.
The court concluded that while the plaintiff suffered injuries caused by the accident, his pre-existing conditions and credibility issues necessitated a careful assessment of the damages.
Ultimately, the Supreme Court awarded $130,000 for pain and suffering, considering the plaintiff’s chronic pain, emotional impact, and diminished quality of life post-accident. Acknowledging the plaintiff’s reduced capacity to work, the court awarded $100,000 for past loss of income, adjusted for his pre-existing conditions, educational level, and inconsistent work history. The plaintiff was awarded $150,000 for future loss of earning capacity, reflecting his diminished ability to work as a truck driver and engage in farming activities. Additionally, the court awarded $20,000 for the cost of future care, considering the plaintiff’s ongoing medical needs but adjusting for the likelihood that he would not utilize all recommended care items. The total compensation awarded to the plaintiff, including special damages, amounted to $400,866.
