LK Law’s Lawyers successful again: Court of Appeal throws out ICBC’s Appeal of Damage Awards Partners Tim J. Delaney and P.G. Kent-Snowsell of Lindsay Kenney LLP were recently successful in convincing the Court of Appeal to dismiss ICBC’s appeal of a future loss of capacity award and loss of housekeeping award obtained at trial by P.G. Kent-Snowsell on behalf of an injured law student. In Reasons for Judgment issued April 20, 2015 in Crimeni v. Chandra, 2015 BCCA 131, the Court of Appeal found no merit in ICBC’s argument that the trial judge had erred in assessing substantial damages for the young law student about to embark on her legal career. Mr. Justice Willcock, writing for a three member panel of the Court of Appeal stated in reply to ICBC’s argument that the trial judge failed to consider positive contingencies in calculating an award for future loss of capacity, “There is no merit in that argument.” The Court of Appeal went on to say, when dealing with ICBC’s argument that the award for housekeeping capacity was not properly assessed by the trial judge, that ICBC’s “reference to cases where that was done is not particularly helpful.” The full Reasons for Judgment can be found here Experience counts. If you have been injured in a motor vehicle accident and want to put the power of Lindsay Kenney LLP to work for you contact Tim Delaney at our Vancouver office or P.G. Kent-Snowsell at our Langley office.
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This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.
This article was written by a lawyer formerly with Lindsay Kenney LLP.