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A recent BC Court of Appeal case of Smith v. Fremlin dismissed an ICBC defence appeal that sought to exclude the victim’s expert evidence of financial loss she had suffered from a sore shoulder that l;imited her ability to practice as a lawyer. In the end result the personal injury victim was awarded $300,000 for loss of capacity.
Here is a summary of the case from the official website. Summary:
The plaintiff [an articling law student at the time of the accident] was involved in a motor vehicle accident and sustained injuries to her shoulder that resulted in pain when participating in many activities. Damages were the only issue before the trial judge. The judge admitted and relied on an economist’s report to assess damages for loss of earning capacity. The defendants appealed, arguing the judge erred in admitting the expert report, and in awarding damages for past wage loss and in assessing loss of earning capacity.
Held: appeal dismissed. The expert report contained information derived from enquiries that are an accepted and reliable means of arriving at an opinion within an economist’s expertise; the report was rightly admitted by the judge. Further, the judge was correct in finding the expert’s report was relevant and reasonably reflected the plaintiff’s circumstances, and could be used to measure the plaintiff’s loss of income earning capacity.
Surrey Personal Injury Lawyers Loss Of Capacity
Here is a key quote from the case on when our BC Court of Appeal can overturn a Surrey personal injury lawyer trial award.
 The appeal must be considered in light of the principles referred to on the appeal from the assessment of damages in Reilly v. Lynn, 2003 BCCA 49, leave to appeal ref’d  S.C.C.A. No. 221:
 We cannot alter a damage award simply because, on the evidence, we would come to a conclusion different from that of the trial judge. However, we may vary a damage award if we conclude that the trial judge in assessing the damage award applied a wrong principle of law (as by taking into account some irrelevant factor or leaving out of account some relevant one); or if the amount awarded is either so inordinately low or so inordinately high that it must be a wholly erroneous estimate of the damage.
The two cases often cited in this court in this regard are Woelk v. Halvorson,  2 S.C.R. 430 and Cory v. Marsh (1993), 77 B.C.L.R. (2d) 248 (C.A.).  An award for loss of earning capacity presents particular difficulties.
As Dickson J. (as he then was) said, in Andrews v. Grand & Toy Alberta Ltd.,  2 S.C.R. 229 at 251: We must now gaze more deeply into the crystal ball. What sort of a career would the accident victim have had? What were his prospects and potential prior to the accident? It is not loss of earnings but, rather, loss of earning capacity for which compensation must be made: The Queen v. Jennings, supra. A capital asset has been lost: what was its value?
When the unthinkable happens and you are injured in an ICBC car accident you need a top Surrey Personal Injury Lawyer to make you whole again. Don’t delay and meet with us for free before you talk to ICBC. 604-576-5400.