26 Jun Diminished Work Capacity
In Gill v. Bhullar, 2015 BCSC 851, the Plaintiff sustained injuries to her neck and shoulder as a result of a motor vehicle accident that occurred in September 2010. Just a couple of months prior to the accident, the Plaintiff had entered into a 5 year contract that set out exactly what she would earn each month in the 5 year period from 2011 to 2015. Her work capacity diminished markedly following the accident. From 2011 to 2015, she worked at reduced monthly salaries compared with those listed in the above agreement. The loss from the date of the accident to the time of trial (past wage loss) totalled $300,000. Justice Macintosh concluded that the entire loss was due to her injuries and awarded the full amount.
Justice Macintosh further found that her injuries would lead to a loss of income over the rest of her working life. He awarded another $300,000 for future loss of earning capacity, in addition to $75,000 for pain and suffering and just under $6,000 for past and future treatments.