Greg Allen and Danielle Wierenga successfully defend personal injury appeal

The British Columbia Court of Appeal has found in favour of the respondent plaintiff in a personal injury case involving two motor vehicle accidents. The plaintiff was represented in this appeal by Greg Allen and Danielle Wierenga, who succeeded in thwarting the appellants’ attempt to challenge the quantum of damages assessed by the trial judge.

At trial, the Court awarded the plaintiff general damages, damages for past and future lost income earning capacity from employment and property development, and damages for cost of future care. On appeal, the appellants argued that Justice Macintosh had misapprehended a concession made by counsel in closing submissions and further erred in the assessment and calculation of damages for loss of past and future earning capacity.

The Court of Appeal dismissed both grounds of appeal. It held that although the trial judge may have erred in misunderstanding an amount conceded by counsel with respect to a particular component of damages, an error which would be considered “obvious” or “palpable,” in the circumstances, it was not “overriding” such that it warranted interference on appeal. The alleged errors with respect to assessing damages for loss of earning capacity were also dismissed, with the Court of Appeal finding that the quantum assessed was consistent with the trial judge’s factual findings and evidence adduced at trial.