Court awards motorcyclist $850,000 in loss of earning capacity

In reasons for judgment released yesterday, the court in Sundin v. Turnbull, 2017 BCSC 15, awarded a 33 year-old plaintiff $850,000 for loss of future earning capacity.  In Sundin, the plaintiff had been rear-ended while riding his motorcycle and suffered a variety of physical and psychological injuries, including chronic pain and adjustment disorder.  In finding that the plaintiff was also entitled to $175,000 in non-pecuniary damages, Madam Justice Gerow wrote as follows:

[26]         Mr. Sundin has not adjusted well to the chronic pain, and has been diagnosed with an adjustment disorder. He is having trouble accepting he is not going to fully recover, and is going to have to live with chronic pain.

[77]         In my view, the expert evidence supports a finding that Mr. Sundin will continue to suffer from chronic pain and cognitive and memory problems in the future, and will likely suffer flare ups of both his physical and psychological symptoms from time to time.

...

[108]     There is no question that Mr. Sundin’s life has changed profoundly as a result of the accident. Prior to the accident Mr. Sundin had a history of performing at a high level in both his work and personal life.

[156]      Accordingly, I have concluded that as a result of the accident, Mr. Sundin has lost the opportunity to pursue many careers involving heavy physical demands, including firefighting and policing or corrections. It is clear from the evidence that Mr. Sundin is unlikely to be successful in retraining in a formal setting. However, Mr. Sundin has the capacity to work at jobs that can accommodate his limitations.

[157]     This is a difficult case because Mr. Sundin’s ability to keep employment or find full time employment in more sedentary or recreation oriented jobs will likely be limited due to his mood issues, irritability, indecisiveness and inability to get along with people. On the other hand, Mr. Sundin may be able to find and keep employment in the hunting or working outdoors. However, that kind of work is seasonal.

[158]     Having considered all of the evidence, including Mr. Sundin’s age and residual capacity to earn income, I am of the view that the appropriate award for loss of future income earning capacity is $850,000. This award takes into consideration the fact that Mr. Sundin has not established that he would have applied for the RCMP but for the accident, but that he has established he would have applied for and obtained full time employment, likely in the fitness or recreation field. In my view, given his experience at the Canada Games Centre, it is unlikely Mr. Sundin will be able to obtain full time employment dealing with the general public which significantly limits that career possibility.

The text of the full decision can be found here: http://www.courts.gov.bc.ca/jdb-txt/sc/17/00/2017BCSC0015.htm