Ms C sustained the following injuries as a result of her MVA:
– worsening of her neck, back & shoulder pain & headaches,
– acceleration of her arthritis, &
– worsening of her depression.
Ms C’s lawyer argued that Ms C’s condition was stable before her MVA, & that the MVA was the sole cause of her decline in health.
However, Mr. Justice Hickson found that:
– Ms. C’s conditions were getting worse before her MVA, &
– by January 2017 her condition would have been the same absent her MVA.
As a result, the judge compensated Ms. C only for her pain & suffering for the 4 years between her MVA & January 2017..
ICBC’s lawyers argued that Ms C’s award should be reduced by 30-40% to account for Ms. C’s pre-existing injuries.
The judge disagreed. He applied this principle stated by another judge:
“[To] rob a disabled person of what little she has left is a monstrous injury, for that little she has is, for her, the whole of her life. Not only is it an enormous physical injury but the emotional damage is, to most people, well nigh incomprehensible.”
As a result, he found $75,000 to be an appropriate award for Ms. C’s four years of increased pain and suffering.
The judge also awarded Ms. C $16,299.50 for household help over four years she paid for due to her injuries. This is explained in a separate blog.
- Pre-accident problems and elderly victims Q’s & A’s, particularly:
- Before my accident, I had arthritis of the neck and experienced occasional flare-ups. My adjuster says I am entitled to less compensation than if I had not had arthritis. Is he correct? At:
- Another blog on this case entitled:
- Claimant awarded $16,299.50 in housekeeping costs she incurred in first 4 years after her MVA at
- – Cheema v Khan 2017 BCSC 974