Fiorda v. Say, 2011 BCSC 1293.

Ms. Fiorda was a 56 year old costume designer in the film industry who was involved in two motor vehicle accidents.

She suffered injuries resulting in chronic pain in her neck and back. At the time of both accidents, Ms. Fiorda was working on film projects. Despite experiencing severe pain, Ms. Fiorda stoically refused to take time off work knowing well that in her job “the show must go on”.

As a result, ICBC refused to accept that Ms. Fiorda’s injuries were significant or that they affected her ability to work the long hours required in her job. Shortly before the trial, ICBC offered an amount that didn’t account for any future losses. The trial judge awarded $94,692, including $42,000 for loss of future earning capacity.