A Vancouver-based B.C. Supreme Court justice awarded a man $3.3 million in a settlement after a serious car crash in May 2016. (THE CANADIAN PRESS/Darryl Dyck)

By NanaimoNewsNOW Staff

severe injuries

Driver awarded $3 million settlement after high-speed Nanaimo crash

Aug 28, 2024 | 4:16 PM

NANAIMO — A B.C. Supreme Court judge awarded the victim of a high-speed Nanaimo highway crash more than $3 million in damages, lost and future earnings and care costs.

Paul Jacques, based at the time on Salt Spring Island, was awarded $3.325 million by justice Jacqueline Hughes on Monday, Aug. 26, in connection to the crash which occurred along the Trans Canada Hwy. at Morden Rd. on May 17, 2016.

Jacques, along with his daughter, were stopped at a red light when they were hit from behind at high speed by a vehicle driven by Garfield Linford. It was an incident one witness described as “like an explosion”.

The crash forced Jacques’ vehicle to be pushed roughly 25 feet into the intersection and caused considerable injury to Jacques.

“Mr. Jacques has limited memory of what transpired in the immediate aftermath of the accident,” justice Hughes wrote in her decision. [The daughter] testified that he asked her if she was “ok”, then slumped over the steering wheel. She thought he was dead.”

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Jacques was treated on scene by witnesses, then eventually taken to Nanaimo Regional General Hospital.

He was suffering from neck, upper back and body pain, as well as a headache and a cut on his head which required “three to four stitches”.

Pain stemming from the crash continued for Jacques, who has been unable to return to his work as an excavator operator.

He’d been planning on starting his own business as an operator on Salt Spring Island, but was unable to realize those goals as a result of the incident.

“Mr. Jacques continued to experience significant neck and upper back/shoulder pain,” Hughes continued. “He could barely turn his head and the pain emanated down into his scapular region. He described the neck pain as relentless, occurring on a daily basis.”

Jacques continued various therapies, including chiropractic and trigger point, along with a range of medications to assist in his pain.

It was during this time Jacques relocated to his hometown of Powell River, but his living situation worsened in part due to his inability to work and support himself.

“Mr. Jacques continued to struggle with pain and depressed mood. In November 2022, he started seeing a psychologist. However, due to his precarious financial circumstances and transient living situation, he struggled to continue other forms of treatment on a regular basis in the months leading up to trial.”

Court heard from several expert witnesses, including medical professionals which testified to the severity of Jacques’ mental and physical injuries.

While Linford’s defence said with treatment, Jacques could work again, justice Hughes found he was “…presently unemployable and is not a good candidate for vocational rehabilitation. His prospects of obtaining sustainable employment in the future are thus poor.”

Jacques was awarded $2.25 million in loss of future earning capacity, while the remaining approximately $1 million was calculated from past loss of earnings, cost of future care, non-pecuniary damages and special damages.

The complete decision from justice Hughes is available here.

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