The Kazblog

Marc Kazimirski and Julie Gagnon of the Kazlaw Injury team received one of the highest non-pecuniary awards for a chronic injury/psych case in B.C.

Ms. Grabovac suffered several physical and psychological injuries as a result of two motor vehicle accidents. The accidents had a significant impact on her daily life, school, and work.

Before the first accident, Ms. Grabovac had begun an 18-month program at the Vancouver College of Dental Hygiene. This was an intensive program that required 40 hours per week of in-class study and clinical practice. After the first accident, she was able to continue her dental hygiene studies, but experienced ongoing neck and back pain that was aggravated with sitting, lying down, and bending. She suffered from anxiety which was controlled with medication. Ms. Grabovac eventually graduated from the dental hygienist program, successfully wrote her qualifying exams, and maintained a relatively active lifestyle.

After the second accident, Ms. Grabovac re-aggravated her injuries from the first accident and was diagnosed with a chronic pain disorder, a somatic symptom disorder, a major depressive disorder, a generalized anxiety disorder, and a post traumatic stress disorder. The second accident rendered Ms. Grabovac effectively unemployable. She also struggled with housekeeping tasks due to her ongoing pain.

Taking all the evidence into account, Mr. Chief Justice Hinkson awarded $2,552,989 in damages including a substantial award of $310,000 for pain and suffering.

Judgement can be found here: