Chris Hart acted as lead counsel for the Plaintiff, Kevin Tyler, in a trial against ICBC, which admitted liability on behalf of Ms. Sowinski. The Supreme Court largely accepted Mr. Tyler’s arguments, awarding Mr. Tyler $85,000 in non-pecuniary damages, $60,000 in past income loss, $72,800 in future loss of earning capacity, and $5,000 in cost of future care for a total of $222,800 (ICBC had argued for non-pecuniary damages in the range of $30,000 to $50,000; $5,943.90 for past income loss; and argued that Mr. Tyler should not receive any compensation for loss of future earning capacity or costs of future care).
2022 BCSC 793
Over $1,300,000 awarded at trial to plaintiff injured in horrific dirt biking accident: Mr. Jackson sustained significant injuries when riding his dirt bike on a private road, near his parents’ rural property. The occupier of the property had strung a metal chain across the road, with no signage or indication that it was present. Mr. Jackson did not see the chain, and collided with it at speed. The collision with the chain resulted in both arms being broken, a shattered pelvis, a cracked eye socket, a concussion, and nerve damage to his right leg. Mr. Jackson was in hospital for over 2 months both locally and in Vancouver after numerous surgeries and a lengthy rehab stay.
Mr. Jackson was only 26 years old when the accident happened, was in very good health and working as a journeyman crane operator. At the time of trial he was 30 years of age and still working in his profession but his employment opportunities have been greatly reduced due his injuries. The court found that he was stoic by nature and has carried on with his life and responsibilities through sheer grit, perseverance, stubbornness and necessity.
After granting default judgment early on in the trial after an application by plaintiff counsel, for failure of the defendant to comply with court orders and failure to make discovery of documents, the trial proceeded only for assessment of damages, which were awarded at $1,353,616.88 including $800,000 for loss of future earning capacity. The trial was conducted by James Cotter.