Senger v. Graham, 2018 BCSC 257 (CanLii)

The Plaintiff in this case suffered injuries to her neck and back.

The injuries sustained by the Plaintiff in this collision impacted the client’s schooling, work, household and recreational activities. The evidence was clear that the injuries would continue to impact the Plaintiff’s life.

As a result of her injuries, her limitations were outlined by the Court:

1. She is limited in her capacity to work as a dental hygienist and will not be able to sustain a career in that field;
2. Ms. Senger will likely never be able to work full-time;
3. Her injuries will continue to plague her for the rest of her life. It is unlikely that she will ever be pain free;
4. She has reached her maximum rehabilitation;
5. Ms. Senger will always require assistance with housekeeping and yard work; and
6. She will never be able to engage in many of the activities she previously enjoyed.

In highlighting the cost of future care award in this post, we should review the test that is often referenced in various cases:

COST OF FUTURE CARE

[71]        The test for cost of future care is set out in Bouchard v. Brown Bros. Motor Lease Canada Ltd., 2011 BCSC 762 (CanLII):

[182] There must be a medical justification for claims for cost of future care, and those claims must be reasonable and fair to both parties. The court must determine the services, medications, and aids that are reasonably necessary to promote the health of the plaintiff and access the likelihood that he will use them in the future.

The claim for cost of future care is outlined:

I accept the following recommendations as being necessary to maximise Ms. Senger’s future management of the injuries suffered in the accident:

1. Gym and pool membership until age 75 – $476 per year until age 60 then $360 per year;
2. Kinesiologist for directed exercise programs – 3 sessions a year until age 60: $200 per year;
3. Remedial massage therapy for relief of symptoms – 6 to 12 sessions per year until age 70: $450 – $1,200 per year;
4. Physiotherapy – 6 to 12 sessions per year: $420 – $1,140 per year;
5. Vocational rehabilitation to identify an appropriate vocational goal, identify training required and support: $2,000 – $2,500;
6. Home based office furniture: $4,000;
7. House cleaning 3 hours every 2 weeks until age 85: $1,800 – $2,000 per year; and
8. Yard work.

[77]        Accepting the evidence of Mr. Turnbull with respect to the future cost of these benefits, I award the plaintiff $140,982 under this heading.

[78]        This amount needs to be grossed up to offset any income taxes that will be incurred on the investment income earned on it. If the parties are unable to agree on the amount required to accomplish this, Mr. Turnbull should be retained to assist.

CONCLUSION

[94]        In summary, Ms. Senger is awarded the following:

Non-pecuniary Damages:	$   80,000
Past Wage Loss:	$   56,300
Loss of Future earning Capacity:	$ 700,000
Cost of Future Care:	$ 140,982
Special Damages:	$  16,531.89
Total	$993,813.89

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