Executive Summary: Key Legal and Evidentiary Issues

• Trial judge erred in finding injuries from the motor vehicle and workplace accidents were divisible, leading to undervalued damages.

• Appellate court found the trial judge misapprehended expert testimony, particularly that of Dr. Fadi Tarazi, on causation and vulnerability.

• The Court of Appeal determined the motor vehicle accident contributed to the workplace injury, rendering the resulting harm indivisible.

• Trial award excluded loss of income after the workplace injury; this was corrected on appeal based on causation principles.

• The appeal was dismissed, and the cross-appeal allowed in part, without ordering a new trial due to sufficient evidentiary record.

• Total damages were revised to $1,750,487.85, including increased awards for past and future earning capacity and special damages.

Facts and outcome of the case

Background of the motor vehicle accident

On July 16, 2016, the respondent, Tyler Lucas Stang, was struck by a taxi driven by the appellant, Harjinder Singh Dhaliwal, while crossing the street as a pedestrian. At the time, Mr. Stang was 24 years old and beginning his career in the trades, having recently completed coursework in carpentry at BCIT and working toward a Red Seal designation. He was employed as a carpenter and exploring a transition into elevator mechanics.

Injuries and work history

As a result of the motor vehicle accident (MVA), Mr. Stang sustained soft tissue injuries affecting his neck, shoulders, back, wrists, groin, knees, and ankles. He was off work for two years, then attempted a graduated return to carpentry but resigned after three days due to pain. He subsequently began working full-time as an elevator mechanic apprentice in May 2018 and remained in that role until a workplace injury on March 9, 2020. That workplace accident aggravated his existing injuries and resulted in permanent limitations that prevented him from returning to work as an elevator mechanic.

Judgment at trial

The trial judge found Mr. Dhaliwal fully liable for the MVA and accepted that the accident caused Mr. Stang’s injuries. However, the judge concluded the injuries from the MVA and the subsequent workplace accident (WCB Injury) were divisible. Based on this finding, the judge limited the damages attributable to the MVA. The total award was $640,158, broken down as follows:

• $130,000 in non-pecuniary damages

• $38,000 in past loss of earning capacity

• $450,000 in future loss of earning capacity

• $2,700 in cost of future care

• $19,458 in special damages

• $0 in loss of housekeeping capacity

Issues on appeal and cross-appeal

Mr. Dhaliwal appealed, arguing the judge failed to treat the WCB Injury as an independent intervening event that ended liability for MVA damages. Mr. Stang cross-appealed, submitting that the judge erred in finding the injuries divisible by misapprehending the expert medical evidence, particularly Dr. Tarazi’s opinion.

Expert medical evidence

Dr. Fadi Tarazi provided two reports—one in 2019 and one in 2022. The 2019 report found Mr. Stang unfit to return to carpentry but likely capable of working as an elevator mechanic, albeit with pain. The 2022 report stated Mr. Stang was no longer suited to elevator mechanic work and concluded the MVA made him more vulnerable to the workplace injury. Dr. Tarazi testified that the workplace injury aggravated pre-existing MVA-related symptoms and that the pain and disability would have been less severe—or may not have occurred at all—absent the MVA.

Court of Appeal decision

Justice Winteringham, writing for a unanimous Court of Appeal, held the trial judge erred by misinterpreting the expert’s opinion and failing to properly assess the indivisibility of the injuries. The Court found the injuries were indivisible and that the MVA contributed to Mr. Stang’s inability to work after the workplace injury. The Court dismissed the appeal and allowed the cross-appeal in part. It reassessed the damages directly without remitting the matter to trial, adjusting the awards as follows:

• Loss of future earning capacity: increased to $1,465,000

• Past loss of earning capacity: increased to $125,319 (less tax deductions under ss. 95 and 98 of the Insurance (Vehicle) Act)

• Loss of housekeeping capacity: no change; remains at $0

• Special damages: increased to $30,168.85

Final outcome

The Court of Appeal revised the total damages to $1,750,487.85, correcting the trial judge’s error on causation and indivisibility. The adjusted award reflected the full extent of Mr. Stang’s losses flowing from the MVA, including the indirect impact of the subsequent workplace injury.