Chohan v. Thandi, 2011 Vancouver Registry.

Mr. Chohan was a crane operator in the rail industry who suffered an injury to his neck in a rear-end motor vehicle accident. Mr. Chohan was a tireless worker who regularly worked in excess of 80 hours per week.

Following a short time off work, Mr. Chohan returned to working long hours, but was forced to refuse occasional overtime shifts when his neck injury was aggravated. ICBC refused to accept that someone could work the hours that Mr. Chohan claimed to be working.

ICBC offered $32,000 before trial. The trial judge acknowledged Mr. Chohan’s impressive work ethic and accepted that if not for his neck injury, he would have accepted even more overtime shifts. The judge awarded $58,000.

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