Spehar v. Beazley, 2002 BCSC 1104 affirmed.

Ms. Spehar was 16 years old when she suffered a catastrophic brain injury in a motor vehicle accident with three of her high-school friends.

 

Ms. Spehar’s injuries impacted every aspect of her functioning, she would never work in any capacity, and she required constant monitoring because she was a danger to herself and others. There was insufficient insurance to cover the claims arising from the accident and it was only on the morning of trial that ICBC offered $1,000,000 to resolve Ms. Spehar’s claim.

 

The trial judge awarded Ms. Spehar $7.4M for the traumatic brain injury and noted that this award would have to cover her care for the rest of her life. The Court of Appeal affirmed the trial award and this remains one of the largest awards in Canada for a traumatic brain injury and clarifies the law for pecuniary losses resulting from catastrophic injuries.