Mr. Bemister is a teacher who suffered chronic pain from a motor vehicle accident. By the time of trial, Mr. Bemister continued to have constant pain, which limits his ability to perform his vocational and household duties, and participate in recreational activities including biking and riding his motorcycle.
As a special education teacher, Mr. Bemister routinely teaches physical education and requires his physical strength to de-escalate student aggression. At the time of trial, he was 61 years old. ICBC argued that Mr. Bemister was not entitled to an award for loss of earning capacity because there was no financial loss. This was rejected by the Court. Mi Sun and Hermanie successfully argued that Mr. Bermister suffered a loss of physical ability to perform his existing work, and was rendered less marketable and attractive as an employee.
Ultimately, the Court awarded $111,130 in overall damages including a $45,000 award for loss of earning capacity.
Judgement can be found here: https://www.bccourts.ca/jdb-txt/sc/22/00/2022BCSC0067.htm