Oh v. Fang, 2023 BCSC 1042
RHE OBTAINS $823,500 AWARD FOR 54-YEAR-OLD NEWLY LICENSED REALTOR WITH CHRONIC PAIN AND PSYCHOLOGICAL INJURIES
Michael Elliott and Matthew Burtini were trial counsel for a 54-year-old newly licensed realtor who suffered ongoing chronic pain following two motor vehicle accidents.
Prior to the accidents, the plaintiff had just started a new career as a realtor. With less than two years of experience in a new industry, she was still in the process of establishing herself and building up her business in real estate. This made it challenging to assess her income-earning potential absent the accidents.
As a result of the accidents, the plaintiff suffered from ongoing and daily pain which was significantly aggravated by her work as a realtor. While she was able to work following the accidents, her injuries limited her ability to work full-time.
ICBC defended the case, arguing the plaintiff was exaggerating her injuries and limitations. The amount awarded by Justice Jackson is more than double ICBC’s final offer prior to trial. The plaintiff had no desire to proceed to trial, but fortunately had the resolve and courage to have her case heard before an independent court in order to obtain an award that was fair considering what she has lost.
The full reasons for judgement can be found here.