Mussio Goodman Wins BC Court of Appeal Decision on Injury Causation

Posted on by Mussio Goodman

Mussio Goodman Successfully Wins a BC Court of Appeal Connected to Our Client’s Accident

In Wahl v. Sidhu, the Plaintiff, who sustained soft-tissue and psychological injuries resulting from a car accident in June 2006, was awarded $165,233 at trial. However, the trial judge cut off compensation at June 2009, finding that the Plaintiff would have completely recovered by that time had he been more motivated to mitigate his damages and attend a pain clinic.


The British Columbia Court of Appeal Judge’s Decision

On appeal, Wes Mussio argued in the Court of Appeal that the trial judge’s reasoning was not supported by the medical evidence. The Court of Appeal agreed:

[52] …[T]he basic problem here is that there is no evidence that the appellant’s symptoms would have either been reduced or resolved had he undergone the needle test or attended at the pain clinic as recommended by his assessors.

The Court of Appeal found that, since the Plaintiff’s ongoing symptoms were causally connected to the accident, the trial judge had no basis to cut off compensation for pain and suffering and lost wages at June 2009.