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Steffler v Gillis, 2025 BCSC 783

Executive Summary: Key Legal and Evidentiary Issues

  • The plaintiff, Nicholas Steffler, was rear-ended by the defendant and suffered physical and psychological injuries resulting in long-term disability.

  • Liability was admitted; the trial focused entirely on assessing damages.

  • Credibility of the plaintiff was challenged due to years of underreported income and inconsistent financial disclosures.

  • Medical experts agreed on causation for most injuries, including chronic back pain, knee damage, and depression, despite pre-existing conditions.

  • The court found the accident aggravated latent conditions, triggering new functional impairments and employment limitations.

  • A partial reduction in damages was applied due to the plaintiff’s failure to pursue recommended psychiatric treatment and for pre-existing knee vulnerability.

 


 

Facts and outcome of the case

The motor vehicle accident and its aftermath

On July 27, 2019, Nicholas Steffler was rear-ended by a vehicle driven by Nathan Gillis while preparing to make a left-hand turn. The collision occurred in British Columbia, and there was no dispute that the accident was caused solely by Gillis’s negligence. At the time, Steffler had recently recovered from left knee surgery and was due to return to his job as a vinyl deck installer. The accident caused immediate physical trauma, including injuries to his neck, lower back, and knee, as well as cognitive symptoms resembling a mild traumatic brain injury.

Steffler’s symptoms persisted for several years. He experienced chronic back and knee pain, recurring headaches, and psychological distress. He was unable to return to his previous physically demanding employment and instead started a self-run portable milling business, which provided inconsistent and lower income. The Insurance Corporation of British Columbia (ICBC) defended the claim as a third party under the Insurance (Vehicle) Act.

Credibility issues and income reporting

One of the central evidentiary challenges in the case was Steffler’s credibility, particularly regarding his reported income. He admitted to years of underreporting cash income, which raised doubts about the reliability of his claims for wage loss. The court acknowledged this undermined his credibility, especially in assessing income-based damages, but did not dismiss his injury claims outright due to strong corroborating medical evidence.

Findings on injuries and causation

Medical experts agreed Steffler suffered from accident-related injuries, including myofascial pain, cervicogenic headaches, and long-term impairment in his left knee. Although he had pre-existing knee issues, the court accepted that the accident significantly worsened his condition, ultimately necessitating another surgery and likely future procedures. He was also diagnosed with major depressive disorder, which the court attributed to the accident. However, his refusal to pursue recommended psychiatric treatment was considered a failure to mitigate.

Damages awarded

Justice Ahmad awarded Steffler a total of $419,457 in damages. This included:

  • $130,000 in non-pecuniary damages, reduced by 10% each for pre-existing conditions and failure to mitigate, from a starting figure of $160,000.

  • $60,000 in net past wage loss, derived from a reasonable projection of his income as a vinyl deck installer, discounted for uncertainties.

  • $210,000 in future loss of earning capacity, based on diminished income potential compared to pre-accident employment.

  • $16,357 in special damages, mostly for medical expenses and some construction-related costs that became necessary due to his physical limitations.

  • $3,100 in cost of future care, limited to short-term rehabilitative treatments.

Conclusion and final disposition

The court ultimately found in favor of Steffler, awarding significant damages despite acknowledging his credibility issues. His failure to pursue psychiatric treatment and the existence of pre-existing injuries did not negate causation but led to proportional reductions in the final award. ICBC’s argument that a subsequent accident in 2020 may have contributed to his condition was rejected due to lack of evidence or pleaded claims. Costs were awarded to Steffler unless otherwise submitted within 30 days.

Nicholas Steffler
Nathan Gillis
Law Firm / Organization
Not specified
Lawyer(s)

S. Missaghi

Insurance Corporation of British Columbia
Law Firm / Organization
Not specified
Supreme Court of British Columbia
M202076
Personal injury law
$ 419,457
Plaintiff