Judge finds only soft tissue injuries proven, dismisses addiction and earning loss claims
A British Columbia Supreme Court judge has found Manimrit Kaur Nijjar liable for a 2018 Vancouver car accident that left plaintiff Ho Wong with soft tissue injuries, but rejected Wong’s claims that the crash caused his addiction and psychological disorders.
Court Finds Liability, But Limits Damages
Wong v. Nijjar, 2025 BCSC 1956 arose from a February 21, 2018 collision, when a Lexus NX300 carrying Wong as a front-seat passenger collided with the driver’s side of Nijjar’s Toyota Corolla as she exited a parking lot to reach a left-turn lane on Main Street. Justice Tucker determined that Nijjar breached her duty of care by failing to keep a proper lookout and by proceeding without ensuring she could safely clear the Lexus’ lane. “If the Defendant was taken by surprise, it can only be because she failed to look carefully before proceeding,” the judge wrote, concluding that liability was established.
Wong, who was 22 at the time of the accident, asserted that the incident caused not only soft tissue injuries but also led to addiction, anxiety, and the loss of a burgeoning acting career. He sought damages totaling $7,636,884.60, including $250,000 for non-pecuniary damages, $2,250,000 for net past loss of earning capacity, $5,000,000 for future loss of earning capacity, $6,884 for special damages, $3,000 for past loss of housekeeping capacity, $55,000 for loss of future housekeeping capacity, and $72,000 for cost of future care.
However, Justice Tucker found Wong’s testimony unreliable and inconsistent, particularly regarding the origins and extent of his alleged addiction and psychological injuries. The court noted the absence of corroborating medical records from Asia, where Wong claimed to have developed his drug dependency, and found his narrative “hopelessly vague, confusing, inconsistent, and unreliable.” The judge determined that while Wong may have developed an addiction after the accident, the evidence did not establish, on a balance of probabilities, that the accident was a cause of any addiction he subsequently developed.
On the issue of psychological harm, the court accepted expert evidence that Wong suffered from generalized anxiety disorder before the accident and found no reliable evidence that the crash aggravated this condition. “There is no reliable evidence that Mr. Wong suffered any adverse change in psychological well-being as a result of suffering soft-tissue injuries in the Accident,” Justice Tucker wrote.
Damages Awarded for Soft Tissue Injuries Only
The court found that Wong sustained soft tissue injuries to his upper back/scapular area and lower back/right hip area as a result of the accident, resulting in mild, intermittent pain and occasional flare-ups. However, these injuries were largely resolved by mid-2019, and Wong remained able to participate in recreational activities and household tasks, albeit sometimes at a reduced intensity.
As a result, the court awarded Wong $55,000 in non-pecuniary damages, $8,618 for the future cost of care, and $4,737 in special damages, for a total of $68,355. The judge dismissed claims for past or future loss of earning capacity, finding that Wong’s evidence of a derailed acting career was speculative and unsupported by reliable documentation or testimony. “His potential success as an actor or model was speculative, and he remains able to pursue those avenues if such is his wish,” the court noted.
Justice Tucker’s decision underscores the importance of credible evidence and clear causation in personal injury claims, particularly when plaintiffs allege psychological or economic harm beyond physical injuries. The ruling leaves open the possibility for the parties to address statutory deductions, interest, or costs at a later hearing if needed.
