Unfair low-ball offer from ICBC results in $4.7M Jury Verdict for RHE client
On occasion, ICBC continues to make low-ball offers resulting in unnecessary trials. RHE trial lawyers Tony Leoni and Katherine Shapiro, with the assistance of Articling Student Kaylee Cunnigham, were counsel for a young man who was seriously injured in a motorcycle crash. ICBC refused to make a fair offer, and sought a trial by Jury contesting our client’s damages.
After a 13-day trial, the Jurors returned with a verdict of $4,702,991, recognizing the severity and extent of our client’s injuries. This included an award of $2,300,000 for pain and suffering, which was reduced by the Judge to the current cap for non-pecuniary damages of $465,527. That cap – set in 1978 by Andrews v. Grand & Toy Alberta Ltd., [1978] 2 S.C.R. 229 – fails to recognize that members of the community view pain and suffering in serious injury cases to be much more than the arbitrary $100,000 (adjusted by inflation) that was set 47 years ago. It is hoped that at some point, the right case will engage the Supreme Court of Canada to revisit this issue.
We are very pleased and proud of our brave client for standing up to ICBC and obtaining this successful result. When insurers refuse to play fair, access to the Courts is the only recourse available to ensure that justice is served.