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Future Loss of Income Awarded Despite Prison and Criminal Conduct


This personal injury claimant was injured in two car accidents, the  first was a head on collision at  188 Street in Surrey,  and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries.
The defendants argued that the claimant’s original position was affected by fights that occurred when he was in prison, worsening his knee, back, headaches and shoulder injuries. The Judge awarded him $60,000 for pain and suffering despite not being persuaded that he had been truthful or accurate with the Court.
In awarding the claimant $25,000 for loss of earning capacity the judge had this to say,

[206]  Regrettably, past behaviours are predictors of future behaviours and I must take into account that Mr. F’s future income may also be affected by future criminal behaviour and resulting imprisonment. He has a criminal history dating from 1995 with multiple terms of imprisonment and a proclivity to become involved in some level of criminal behaviour.

[207]     The plaintiff must establish a real and substantial possibility that his future income will be adversely affected by the injuries he sustained in the accidents. These losses must be based on evidence that there is a “real and substantial possibility” of a loss to the plaintiff: see Riley v. Lynn, 2003 BCCA 49 at para. 101…

[210]     Taking into account various negative features of the plaintiff’s active pre-accident physical history, criminal history, the residual effects of his neck, low back, neck and shoulder injuries, I conclude that there is a very modest but real and substantial possibility that, upon release from prison, the plaintiff’s income will temporarily be limited at some time due to the effects of the accident related injuries. Taking into account the prospects for shoulder surgery, all negative and positive contingencies faced by the plaintiff and other features of the post-accident symptoms and limitations caused by the accidents, I award him $25,000 for damages for future income impairment. (Friesen v. Moo,2018 BCSC 1866)

The total award was:$60,000 for pain and suffering; $25,000 for future income loss; and $3,630 for his out of pocket expenses and cost of future care.

Tags: Criminal Record, icbc case examples, Legal Causation, Pain and Suffering, Soft tissue injury

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