In Sun v. Sukhan, the Plaintiff was involved in a rear-end collision. There was very little vehicle damage of less than $900. Despite this, the Court awarded $20,000 in pain and suffering for effectively a nine month injury.
[19] The issue in this trial is the amount to be assessed for non-pecuniary damages for the plaintiff, in the circumstances of this accident. The defendants say this was a low velocity impact accident.
[22] The damage to the vehicle was described by the assessing adjuster, with respect to the bumper, as a plastic face all warped, and a gross total damage of $927.31 was found including all taxes. Total labour costs were estimated to be $607.20.
[23] From the pictures that were put in evidence on the summary trial, the vehicle appeared to have sustained only minor damage, but again that does not mean that the plaintiff did not suffer genuine injuries, nor is it the case that with soft tissue injuries there is always a physical presentation that can be seen or felt. The pain remains real to the victim of the accident, and his credibility is not an issue on this application.
