Executive Summary: Key Legal and Evidentiary Issues

• Defendants admitted liability, leaving damages as the only issue for trial.

• Plaintiff claimed catastrophic injuries from two motor vehicle accidents in 2017 and 2018.

• Credibility of the plaintiff and supporting witnesses was a central issue in assessing damages.

• Plaintiff sought over $4.9 million but was awarded approximately $744,000 due to evidentiary inconsistencies.

• Expert evidence heavily relied on plaintiff's self-reporting, which the court found unreliable.

• In-trust claims for care provided by family were denied due to lack of necessity and exaggeration.

Facts and outcome of the case

Desmond Woods, the plaintiff, brought an action for damages arising from two motor vehicle accidents in Fort St. John, British Columbia. The first occurred in February 2017 and the second in April 2018. Both accidents involved different defendants, including Brian Fehr, Jessica Mae Dyer, and The Driving Force Inc. Mr. Woods claimed that these accidents left him physically and psychologically disabled, leading to significant economic and personal losses. The defendants initially denied liability but admitted it before the close of trial, leaving the quantum of damages as the sole issue.

Before the accidents, Mr. Woods was an active and employed individual working in physically demanding roles. He relocated from Newfoundland to B.C. in 2015 and steadily advanced in his job at Peace Country Rentals. After the accidents, he claimed to suffer from a wide array of symptoms including chronic pain, light and sound sensitivity, PTSD, erectile dysfunction, incontinence, nightmares, and a complete loss of employability. He testified that he could no longer perform household tasks or care for his children and was almost entirely dependent on others. He relocated back to Newfoundland in mid-2018 and has not worked since.

The court conducted a detailed assessment of Mr. Woods' credibility. It found numerous inconsistencies and exaggerations in his testimony, including contradictory statements under oath, misleading social media posts, discrepancies between his symptoms and medical records, and implausible claims of incapacity. The testimony of his key supporting witnesses—his ex-partner Chantal, her mother, and his own mother—was also found to be unreliable. The judge noted that several expert opinions relied heavily on Mr. Woods’ self-reporting, which undermined their weight.

Despite these credibility concerns, the court acknowledged that Mr. Woods did suffer genuine physical injuries with lasting consequences. However, it rejected many of his psychological and neurological claims. The court awarded $130,000 in non-pecuniary damages, $196,313.42 in past income loss, $350,000 for future loss of earning capacity, $64,704 for future care costs, and $2,869.33 in special damages. In-trust claims for services provided by family members were denied entirely. The total award came to $743,886.75. The plaintiff was awarded costs at Scale B unless further submissions altered that entitlement.