In this recent Supreme Court of British Columbia case, a successful owner of a brand devoted to the production of surf boards and clothing was injured in a motor vehicle accident. The injured party was riding a motorcycle when they were struck by an oncoming car making a left turn. This was a significant crash that involved the oncoming vehicle deploying both of its front airbags. The plaintiff was thrown violently to the ground and remembers waking up in the intensive care unit of the hospital. He was left with long lasting injuries including a concussion and a knee injury.
Prior to this accident, the plaintiff had, per the judge’s own words, “achieved more by the age of 32 than many people achieve in an entire lifetime”. His line of clothing and surf boards had, despite some ups and downs, grown greatly.
The courts were left with the difficult task of assessing the plaintiff’s income losses, both past and future. As in many cases involving business owners, the plaintiff’s income fluctuated dramatically, and his future income was even more uncertain, as recent financial restructuring resulted in dramatically increased possibilities of both failure and success.
The plaintiff, following his accident, was left partially impaired. He was able to continue working in his business, but did so with less confidence and vigor. He had to delegate tasks to others. The judge, however, concluded that the plaintiff still managed to demonstrate above average business skill and great creativity. In other words, the plaintiff was found to have a “partial impairment”. The judge ultimately decided that the best way to access the plaintiff’s losses was under the “replacement approach”, as the plaintiff had already hired employees to perform some of his tasks. The plaintiff was given an award for the likely costs of replacement labour for tasks he would have performed himself but for the accident.
The plaintiff was ultimately awarded a total award of approximately $1,000,000.00. This case demonstrates that even though the assessment of wage losses can be difficult, the courts will continue to do their best to assess those losses.