Ali v. Glover et al, 2015 BCSC 2085 Vancouver Registry

Mr. Ali was involved in two motor vehicle accidents in which he suffered injuries to his neck and back. ICBC denied liability for both accidents. Mr. Ali’s injuries affected him in all aspects of his life including his vocational, recreational, domestic and religious activities. Mr. Ali works in a book bindery and since the accident was unable to perform his usual work duties. Mr. Ali had an extremely accommodating employer who continued to employ Mr. Ali despite his limitations.

ICBC refused to acknowledge that Mr. Ali was likely to incur any future losses as a result of his injuries. ICBC insisted that any ongoing limitations Mr. Ali had were as a result of a pre-existing condition. ICBC offered to settle Mr. Ali’s claim for $50,000 before trial.

At trial, the defendants were held to be liable for both accidents. Mr. Ali was awarded total damages of 186,251.55, including $110,000 for his loss of future earning capacity. ICBC appealed the trial judge’s findings with regards to liability for both accidents and the award of damages for pain and suffering and loss of future earning capacity. The appeal was dismissed.

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