In this Fast track three month personal injury case(Johnson v. Keats,2012 BCSC 751) the claimant was rear-ended during rush‑hour traffic on Hastings Street in Burnaby, British Columbia. The claimant was in stop and go traffic in a stretch of Hastings Street which had multiple traffic lanes. There was only $560.00 damage to the claimants vehicle but he claimed neck, upper, and lower back injuries.
The Judge was satisfied that the claimant suffered a soft tissue injury and had substantially resolved within a three‑month period with only minor lingering effects and awarded the following:
|Pain and Suffering:||$16,000.00|
|Past wage loss:||7,322.00|
In awarding the claimant his costs, which are a contribution toward his legal fees the Judge stated,
I am cognizant that the amount of the award falls within the jurisdiction of the Provincial Court. However, the case law establishes that if there is sufficient basis for the plaintiff’s proceeding in this Court, this Court has discretion to depart from the provisions of the Rules limiting costs.
I have considered the issue of costs carefully given the range of non-pecuniary damages for injuries of the nature suffered by the plaintiff. It was reasonable for him to bring his claim in this Court. Accordingly, it is reasonable and fair that the plaintiff receive his costs pursuant to Rule 15-1.