On August 6, 2017, plaintiff Raymond Chi Hung Wong was injured in a motor vehicle accident at the intersection of Renfrew Street and Grandview Highway in Vancouver. The Insurance Corporation of British Columbia admitted liability on behalf of the defendants, Joseph Tran, Thi Noi Tran, Ruey Chao, and Ginger Mei-Chin K. Chao.
Mr. Wong, a 66-year-old carpenter, sustained soft tissue injuries to his neck, back, and right leg as a result of the accident. He sought damages amounting to $485,000 for pain and suffering, loss of earning capacity, future care, and out-of-pocket expenses. The defendants disagreed and claimed that his damages were approximately $130,000, seeking a reduction for failure to mitigate or capping at $100,000 under the Supreme Court Civil Rules for fast-track actions.
After considering the evidence, the court concluded that Mr. Wong's damages were assessed at $411,522.73. The court determined that it was in the interests of justice to award the damages as assessed, rather than limiting them to $100,000.