The BC Court of Appeal in Clark v Kouba
last week upheld a trial decision awarding Ms Clark damages of $75,000 for future wage loss and $28,000 for a yoga club membership following a rear-end collision resulting in soft tissue injuries . The trial judge found the injuries were chronic and characterized the plaintiff as “stoic”. Ms Clark had pre-existing pain from running the Boston Marathon, but post-accident was still able to participate in her recreational pursuits and since the accident completed a marathon in a second personal best time. She took no significant amount of time off work and claimed nothing for past wage loss.
The future wage loss was based on the “loss of a capital asset” approach. The yoga membership award was in line with the court having accepted in other cases that yoga can be a medically justified care expense. The award was the present value of the cost of a membership over Ms Clark’s life expectancy.
See the full Court of Appeal decision here.