Exploiting the 6% Disbursement Limit: a beautifully orchestrated re-victimization of the injured by ICBC.

“It’s going to end up costing me out of pocket just to get therapy. I reached out to a concussion specialist. The first sessions cost $300. ICBC will only cover $200,” he said. “If there was a cash settlement on the side, out of that I could make up the shortcomings of all these things on the side.” - the New Westminster Record

$65,000 for Loss of Housekeeping!

As indicated above, the defendant concedes, and I agree, that he was negligent in backing his van blindly out of the garage, and up the driveway, causing the accident that injured the plaintiff.

Unfortunately, this strategy of contesting a plaintiff’s claim, and forcing a plaintiff to proceed to trial, in an effective game of chicken, is not confined to this case: this judge alone has presided over at least one other recent trial with minimal evidence, minimal cross-examination, and minimal argument, presented by the provincial automobile insurer qua defendant.

ICBC Trial Thoery: put plaintiff through ****, waste Court time, and argue aimlessly.

Justice Myers rejects ICBC’s arguments and awards the plaintiff $1,012,296 including $520,000 for future loss of earnings (based on the earnings approach), $225,000 for loss of housekeeping capacity - one of the largest awards for housekeeping in BC history - and $190,000 for non-pecuniary damages.

Doctrine of novus actus interveniens applied. Madam Justice D. MacDonald awards our client $230,000 for future loss of earnings and $65,000 for future loss of housekeeping capacity.

Madam Justice Baker rejects ICBC’s argument and awards our client $198,000 (rounded-up) including $55,000 for future yoga treatment.

$320,000 for future loss of earnings (based on the capital asset approach) and $120,000 for non-pecuniary damages awarded for our client.