Foster v. Kindlan and Pineau, 2012 BCSC 681.

Ms. Foster was 42 years old, a single mother, and she had returned to school to complete a Licensed Practical Nurse (LPN) degree when she was involved in two motor vehicle accidents.

 

She suffered injuries to her spine and a labral tear in her hip that significantly impacted her ability to pursue her many sporting activities and caused constant pain at work. ICBC denied the claims because there was minimal damage to the vehicles.

 

ICBC alleged the accidents did not cause her injuries because Ms. Foster had pre-existing pain in her hip and spine. ICBC ignored the medical evidence that Ms. Foster’s pre-accident injuries had resolved, Ms. Foster was back to all of her pre-accident activities without restriction and she had persistent/debilitating pain since the accidents.

 

ICBC initially offered $0 to Ms. Foster and eventually offered $150,000 after KazLaw was retained. The trial judge awarded $302,000 for Ms. Foster’s injuries.

 

This is one of the largest judgements in British Columbia for a labral tear injury.