ICBC Injury Case and Chronic Pain Disorder
Anthony Thomas and Stephen Ferguson were counsel in the action of Mohan v. Khan. In this case, the Plaintiff developed chronic pain disorder following a motor vehicle accident. ICBC denied fault for the accident and alleged that the Plaintiff had only sustained “moderate soft tissue injuries”. Mr. Justice Bowden disagreed and found the Defendants 100% at fault for the accident. Justice Bowden also found that the Plaintiff’s injuries were far more severe than moderate soft tissue injuries and that the Plaintiff had in fact developed a disabling chronic pain disorder following the accident. Justice Bowden awarded the Plaintiff $673,000 for her injuries. This judgment included an award of $100,000 for non-pecuniary damages (pain and suffering and loss of enjoyment of life), $400,000 for loss of future income and $75,000 for the Plaintiff’s cost of future care. It is believed that this represents one of the highest judgments ever awarded in British Columbia for a Plaintiff with chronic pain disorder.