Da Silva v. Pollard 2019 BCSC

Ms. Da Silva was involved in two motor vehicle accidents leaving her with chronic lower back pain and a persistent somatic symptom disorder. Her pre-existing mood and anxiety disorders were aggravated leaving her with a moderately severe depressive disorder and a severe general anxiety disorder. At the time of the first accident, Ms. Da Silva was working full-time managing projects. The accidents affected her ability to concentrate and multitask at work. She felt exhausted at the end of each day and had to reduce the number of hours she was working.

Mr. Gomel and Ms. Mackoff were able to successfully argue that Ms. Da Silva’s level of chronic and psychological pain were made worse as a result of the accidents and that her pain symptoms triggered her decline in function. The court awarded $387,340 plus costs and disbursements which is double what ICBC was initially offering.

Read more here: https://www.bccourts.ca/jdb-txt/sc/19/22/2019BCSC2249.htm