Court of Appeal dismisses ICBC’s Appeal of Damage Awards

Personal Injury

LK Law’s Lawyers successful again: Court of Appeal throws out ICBC’s Appeal of Damage Awards Partners Tim J. Delaney and Paul G. Kent 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 Paul G. Kent 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 Paul G. Kent at our Langley office.

For further information:

Tim Delaney Partner,
Personal Injury
Lindsay Kenney LLP – Vancouver Office

P.G. Kent Partner,
Dispute Resolution
Lindsay Kenney LLP – Langley Office