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On October 1, 2017, Wagih Ghaly, Mariam Ghaly, and their two children were involved in a catastrophic car accident in Surrey, BC. The accident caused Ms. Ghaly's death and injuries to Mr. Ghaly, Marina, and Kyrollos. The plaintiffs have filed both a tort action and an action under the Family Compensation Act. The defendants admit liability and injuries but contest the nature, extent, and duration of the injuries. Agreements have been reached on some damages, but the quantum of damages in both actions is yet to be determined. The court awarded the following; 1. Damages sought in the Tort Action: - Wagih Ghaly: Past Wage Loss: $34,374; Non-pecuniary Damages: $140,000; Future Cost of Care: $5,400; Special Damages: $1,361 - Marina Ghaly: Non-pecuniary Damages: $100,000; Future Loss of Earning Capacity: $314,254.01; Future Cost of Care: $5,400; Special Damages: $1,560.25 - Kyrollos Ghaly: Non-pecuniary Damages: $100,000; Future Loss of Earning Capacity: $628,508.13; Future Cost of Care: $5,400; Special Damages: $1,015 Total: $1,337,272.39 2. Damages under the Family Compensation Act Claim: - Loss of Care, Guidance, and Affection: $100,000 - Recoverable expenses: $59,975.56 - Funeral expenses: $19,945.78 - Loss of financial support of Ms. Ghaly: $470,920 - Loss of household services: $83,400 - Present value of future household services: $370,000 - Loss of Inheritance: $40,000 - Tax Owing for Tax Gross up of Future Loss of Income: To Be Determined Total: $1,144,241.34 Aggregate Total of Both Actions: $2,481,513.73
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
M189170Practice Area
Personal injury lawAmount
$ 2,481,514Winner
PlaintiffTrial Start Date