Executive Summary – Key Legal & Evidentiary Issues

• Causation of chronic pain and anxiety disorder from a low-velocity rear-end collision was central to the claim.

• Defendants admitted liability, but disputed the extent of injury and quantum of damages.

• Plaintiff’s credibility was accepted; her testimony aligned with medical expert opinions.

• Medical experts agreed on physical injuries; psychiatric causation was contested but accepted.

• Hearsay evidence about a missed promotion due to lack of distribution experience was deemed inadmissible.

• Defendants argued for an adverse inference for uncalled witnesses, but the court declined to draw it.

Facts of the Case

The Supreme Court of British Columbia considered the damages claim of Nicole Lynne Marie Thompson, who was involved in a rear-end motor vehicle accident in August 2015 on the Bennett Bridge in Kelowna. Ms. Thompson, then commuting to work, was stopped in bumper-to-bumper traffic when her vehicle was struck from behind by the defendant, Andrea Lesley Ballantyne. The collision occurred at a low speed (under 20 km/h).

The defendants admitted liability, and the focus of the trial was limited to the extent of the injuries and the appropriate quantum of damages. At the time of the accident, Ms. Thompson was employed as a manager at Colour Me Mine, a ceramic painting franchise, and had recently decided to change careers by pursuing a path as an electrician. She later enrolled in Okanagan College’s trades program and followed the multi-year certification process required to become a journeyman electrician.

Following the accident, Ms. Thompson experienced neck and shoulder pain, radiating discomfort in her right arm, and intermittent tingling in her fingers. Her physical symptoms were eventually diagnosed as chronic cervical and thoracic sprain/strain injuries. She also developed an anxiety disorder, which a psychiatric expert linked causally to the chronic pain resulting from the accident.

Despite her determination and success in completing her training, she often experienced severe pain after work and had to rely on self-care measures to cope. While she has not missed any time from work, she has been unable to gain promotion to a supervisory position due to physical limitations that restricted her exposure to heavier electrical tasks, such as distribution work.

Arguments and Court’s Analysis

The key issue for the court was causation—whether the accident caused or materially contributed to Ms. Thompson’s physical and psychological injuries. The defendants did not dispute her physical injuries but challenged the claim that the accident caused her anxiety disorder. They pointed to other traumatic incidents in her past, such as being involved in a fatal pedestrian accident and another vehicle collision while with her mother.

However, the court accepted the opinion of Dr. Eugene Okorie, a psychiatrist, who confirmed that Ms. Thompson’s anxiety disorder was caused by the subject accident. The defense’s only medical witness, an orthopedic surgeon, deferred on mental health issues.

Justice Wilson found Ms. Thompson to be a credible and reliable witness, whose testimony was consistent with expert evidence. The court declined to draw an adverse inference from her failure to call co-workers to testify about workplace accommodations and denied hearsay evidence about why she was not promoted.

In assessing damages, the court employed both capital asset and earnings approaches depending on the category. The plaintiff was awarded:

• Past loss of earning capacity: $39,570 (related to lost apprentice work opportunities in 2018)

• Loss of future earning capacity: $187,500 (equivalent to 2.5 years of income under the capital asset approach)

• Cost of future care: $17,500 (including therapy, rehabilitation, and ergonomic tools)

• Non-pecuniary damages: $110,000 (for pain, suffering, and anxiety)

• Special damages: $6,838.63 (agreed by both parties)

No evidence or discussion was provided regarding insurance policy terms or coverage, and no such clauses were analyzed in the decision.

Outcome

The court awarded Ms. Thompson a total of $361,408.63 in damages. This sum reflects her chronic physical pain, associated mental health impacts, diminished earning potential, and future care needs. Justice Wilson emphasized the long-term toll of chronic pain on a young, hard-working individual who had made consistent efforts to succeed despite her injuries. The ruling underscores the court’s recognition of the real impacts of seemingly minor vehicle collisions, particularly when chronic pain and mental health are involved.