Basra v. Masood, 2019 BCSC 2156
RHE achieves $426,187 trial award for a self-employed tradesman with important analysis by the Court of business earnings for the purpose of assessing income loss
RHE Trial Lawyer Tony Leoni was trial counsel for Damandip Basra, a 38 year old self-employed tile setter who sustained soft tissue injuries resulting in chronic pain and partial disability after a 2014 rear-end accident.
Mr. Basra ran his own business as a sole proprietor. On the advice of his accountant, he claimed deductions for business expenses, including mixed-use expenses such as vehicle expenses, telephone expenses, and the business use of his home which he would have incurred in any event. The Court entered into a detailed and thoughtful analysis of the mixed-use expenses and adjusted the earning capacity of Mr. Basra upward to reflect that.
ICBC also claimed that Mr. Basra failed to mitigate his injuries by failing to continue an active exercise program. The Court held that Mr. Basra’s inability to drag himself to the gym or the pool, or to engage in a strenuous exercise routine at home, after putting in a day of physical labour was not unreasonable.
The full reasons for judgment can be found here.