In Welygam v. Willms, the Plaintiff was injured as a passenger on a motorcycle, and brought an ICBC claim for damages for pain and suffering, income loss, past diminished earning capacity, and diminished earning capacity. As is often the case in ICBC injury claims, the severity and duration of the Plaintiff’s injuries were in question. ICBC’S lawyer admitted liability on behalf of the Defendant. The Plaintiff suffered from pre-existing psychiatric conditions such as depression and anxiety, and a central issue for the court to consider was whether, and if so, to what extent, the Plaintiff’s physical symptoms sustained in the accident aggravated her existing psychiatric issues, and/or whether such psychiatric issues aggravated the physical symptoms arising from the accident. The Court also touched upon the issue of Facebook photos that ICBC’S used in an attempt to discredit the Plaintiff.
[331] Reliance is also placed on …… her Facebook photograph that shows her singing on stage in no apparent discomfort, and the evidence of Mr. Wall that he saw her singing and dancing on stage and jumping off the stage.
[369] I find it persuasive that the plaintiff has been able to perform on stage with her band and twist her body as is shown in the photograph of her on stage. If her back is as badly injured as she says it is, I do not believe she would be able to perform as the photograph indicates.
[370] In addition I accept the evidence of Mr. Wall that he saw her performing on stage with her band after the accident and she was dancing around on stage and in the crowd. When she came off the stage she sometimes put her hand on the stage and jumped off it, a distance estimated by him to be about four feet.
