This case was overseen by the Honourable Justice Kirchner, with judgment issued on August 7, 2024. Karen Roth, the plaintiff, was rear-ended by a truck owned by Cape Scott Cedar Products Ltd., and driven by Theodore Deveau on October 22, 2015. The collision occurred on the Island Highway near Nanoose Bay. Ms. Roth sustained soft tissue injuries, including neck and lower back pain, and claimed to have suffered a concussion, resulting in cognitive issues affecting her capacity to work. The defendants admitted liability for the accident but disputed the severity of the claimed injuries.

Ms. Roth, employed at Waypoint Insurance at the time of the accident, experienced significant cognitive challenges post-accident, particularly with concentration and noise tolerance, which impacted her job performance. Despite attempts to return to her role, she left the position in 2017. She later retrained as a pharmacy technician and now works part-time at Parksville Pharmacy. While her condition has improved, she still struggles with chronic pain and occasional cognitive difficulties in busy environments.

Damages Awarded:

  • Non-Pecuniary Damages: Ms. Roth was awarded $95,000 for her chronic pain and cognitive impairments, which continue to affect her quality of life, including her ability to enjoy social activities and physical hobbies .
  • Past Loss of Earning Capacity: The court awarded $60,000 for Ms. Roth’s loss of earnings during the period between her departure from Waypoint Insurance and her transition into pharmacy work. The defendants acknowledged some level of past impairment but argued her decision to leave Waypoint was not solely due to the accident .
  • Future Loss of Earning Capacity: Ms. Roth was awarded $65,000, reflecting her reduced capacity to work a full five-day week. The court considered her ability to continue working in a supportive environment, but recognized that she could not maintain full-time employment due to ongoing pain and cognitive challenges .

In total, Ms. Roth was awarded $220,000. No claims were made for loss of housekeeping capacity or future care .

This brief summary is provided for informational purposes only and should not be relied upon for any legal purpose.