A Salt Spring Island man who ended up living in a tent after a car crash left him with “relentless” pain and unable to work has been awarded about $3.3 million in B.C. Supreme Court.
Paul Jacques was rear-ended at a high speed while he was stopped at a red light on the Island Highway in Nanaimo on May 17, 2016. Defendant Garfield Linford admitted liability for the crash, Justice Jacqueline Hughes said in her Aug. 26 decision
Jacques, a heavy equipment operator and contractor based on Salt Spring Island, was with his daughter at the time of the crash.
Hughes said the impact of the collision was significant; one witness testified that it was like an explosion. “Mr. Jacques’ Jeep was instantly pushed 20-25 feet into the intersection, and there was debris everywhere,” the judge said in a review of evidence.
Jacques has limited memory of the event, according to the ruling. His daughter “testified that he asked her if she was ‘OK,’ then slumped over the steering wheel. She thought he was dead,” Hughes wrote.
Jacques was taken to Nanaimo Regional Hospital by ambulance for treatment, the ruling said.
After the crash, Jacques experienced significant pain in his neck, upper back and shoulder.
Hughes wrote that Jacques “could barely turn his head” and described the neck pain as “relentless.” Jacques experienced headaches requiring him to rest for hours and had difficulty sleeping, the judge wrote, and he has continued seeing multiple health specialists.
He had been living on Salt Spring Island, but Jacques and his daughter moved to Powell River after his father had a stroke in 2018.
“By this point, Mr. Jacques had not worked for over two years, and his savings were depleted,” Hughes wrote.
He continued to seek medical help but new pain began in 2020 with a 2021 incident that alarmed him. “He testified that this was a level of pain that he had never experienced before,” Hughes wrote.
Soon, he had surgery that fused his spinal bones with a titanium plate and screws.
Jacques’ financial and living situation continued to deteriorate and by mid-2022 he was living in a tent in Comox, according to the ruling.
“In the spring of 2023, he purchased a camper for the back of his truck and has lived in the camper since then.” He testified he was disengaged from society and returned to Salt Spring.
“Mr. Jacques continues to deal with chronic pain, fatigue and pain in his neck and shoulder blades on a daily basis, all of which is aggravated with activity,” the judge wrote.
“He also has limited rotation in his neck and spine. He suffers from depressed mood and had suicidal thoughts at various times, most notably in 2017 and 2022. His mood remains low, and he experiences anxiety at times.”
The judge said she found Jacques a credible witness.
“He testified in a careful and forthright manner, and his evidence was largely consistent with that of other witnesses, the objective documentary evidence, and his medical records,” she said.
Hughes said Jacques is not employable. His award includes about $2.2 million for loss of future earning capacity, along with $610,000 for past loss of earning capacity, $222,125 for future care, and money for non-pecuniary and special damages.
