In a recent Supreme Court decision P.G. Kent-Snowsell and P. Tung were successful in having ICBC pay a client over $500,000.00 in damages. ICBC refused to acknowledge that the law student’s future income earning capacity had been compromised due to injuries suffered in two separate car accidents. ICBC argued there was no loss of future income earning capacity. The Court disagreed. In J.D. v. Chandra, 2014 BCSC 466 Madame Justice Griffin found:
I conclude that the plaintiff has suffered a loss of earning capacity equivalent to 20% of the lifetime earnings of an average female lawyer. I consider this fair to both parties as it acknowledges that the plaintiff can still work, but also recognizes she cannot work to the extent she would have but for the accidents and, as mentioned, is based on conservative average earnings statistics.
The present value of the lifetime earnings of a female lawyer, which the plaintiff relies on, who starts a legal career in 2015, is $1,864,800. I assess the plaintiff’s damages for loss of earning capacity as 20% of this, namely $372,960.
When all other heads of damages were included the Plaintiff received an award of $516,398.00, over four times ICBC’s “last, best offer”! ICBC was also ordered to pay the Plaintiff’s court costs, and double the Plaintiff’s trial costs. To read the entirety of the Court’s decision click here: http://canlii.ca/t/g80k6
Experience counts. Contact P.G. Kent-Snowsell today regarding your ICBC claim. Email: PKent-Snowsell@LKLaw.ca Direct Line: 778.289.9514
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.