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James vs. James

On April 16, 2018, the British Columbia Supreme Court in Kelowna delivered reasons for judgment on damages for a woman who was catastrophically injured in a motor vehicle collision when she as 71 years old rendering her an incomplete quadriplegic. Her injuries included a C4 AIS-C Spinal Cord Injury with a C4-5 vertebral burst fracture, T2 vertebra transverse process fracture, bilateral vertebral artery dissection and emboli with cerebellar infarct and intraventricular haemorrhage, and multiple fractures to her ribs including a punctured lung.

The parties agreed on and the court awarded pain and suffering damages at the upper limit of $376,500. The major issue in the case was the plaintiff’s claim for cost of future care and the in-trust claim for the care and services provided by the defendant who was also the plaintiff’s husband. The court found that the plaintiff required 24-hour attendant care but also made deductions for periods of time during the in which the plaintiff’s husband would continue to assist her.

The court also confirmed that even though the plaintiff’s husband was the defendant, an in-trust claim for the care he provided to his wife was justified.

The full decision can be found HERE.


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