Preszler Injury Lawyers Secure Over $1.1 Million Judgment in Piran v Dhaliwal

Preszler Injury Lawyers’ Tara Callan and Faraz Ravanbakhsh successfully represented the plaintiff in Piran v Dhaliwal, a motor vehicle collision case. Liability was admitted, leaving the Court to determine whether the plaintiff’s ongoing physical and psychological symptoms were caused by the collision and the appropriate assessment of damages. Ultimately, Justice Norell awarded approximately $1.13 million in damages, subject to the calculation of the plaintiff’s net past income loss and any applicable statutory deductions.

The Plaintiff

Before the collision, the plaintiff was an active and ambitious 31 year old with a Bachelor’s Degree in Applied Chemistry who had immigrated to Canada from Iran. She operated a successful tutoring business with her husband, aspired to pursue graduate studies and become a university professor, regularly exercised, managed the household, and was described by family and friends as energetic, independent, hardworking, and optimistic.

How the Court Determined Causation and Damages

The central issue at trial was the extent to which the plaintiff’s ongoing symptoms were caused by the collision. Although the defence challenged the plaintiff’s credibility and argued that she exaggerated her symptoms, the Court accepted that the collision caused significant and lasting physical and psychological injuries. Justice Norell carefully distinguished between concerns regarding portions of the plaintiff’s evidence and the objective medical evidence, ultimately finding that the plaintiff continued to suffer genuine chronic pain and psychiatric conditions caused by the collision.

The Court accepted evidence from numerous medical experts, including specialists in pain medicine, psychiatry, occupational therapy, vocational rehabilitation, and economics.

Chronic Injuries and Lasting Functional Limitations

The plaintiff developed chronic physical and psychological injuries, including chronic whiplash-associated disorder, chronic myofascial pain syndrome, cervicogenic headaches, central sensitization, PTSD, somatic symptom disorder, anxiety-related conditions, and sleep disturbance. These injuries affected nearly every aspect of her life, including her ability to work, perform household tasks, maintain social relationships, and pursue the future she had planned before the collision.

The Court also relied on compelling lay witness evidence describing the plaintiff’s decline following the collision. Family and friends described a formerly active, social, and independent woman who became physically limited, socially withdrawn, and increasingly reliant on others for everyday activities. While the Court found that the plaintiff retained some residual work capacity, it concluded that she had sustained a significant loss of earning capacity. Justice Norell also awarded $250,000 in non-pecuniary damages, recognizing the impact the plaintiff’s chronic pain, psychological injuries, loss of independence, and diminished quality of life would have on her future.

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