Johal v. Meyede, 2014 BCCA 509
BC Court of Appeal – Judgment Upheld.
ICBC appealed the trial judge’s award of $611,000 for loss of capacity and $90,000 for loss of future care.
John Rice and Mike Elliott argued the matter at the Court of Appeal with Cody Wagner providing instrumental help in preparing the matter for appeal. The Court of Appeal unanimously upheld the trial judge’s award for loss of capacity while rejecting ICBC’s argument that there was “insufficient evidence before the judge to allow him to reasonably infer that there was a sufficient likelihood that Ms. Johal could achieve the positions of general manager and operations manager and so treat it as a positive contingency.” The Court of Appeal found that clearer reasons were required regarding the award for future cost of care and remitted the matter back to the trial judge for a clarification of that narrow issue.