Ntibarimungu v. Insurance Corp. of British Columbia, 2015 BCCA 65

• Judge: Donald, D. Smith and Groberman, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 10, 2015
• Jurisdiction: British Columbia
• Citations: 2015 BCCA 65;(2015), 368 B.C.A.C. 60 (CA)

Ntibarimungu v. ICBC (2015), 368 B.C.A.C. 60 (CA);

    633 W.A.C. 60

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.003

Frederic Ntibarimungu (appellant/plaintiff) v. Insurance Corporation of British Columbia (respondent/defendant)

(CA041436; 2015 BCCA 65)

Indexed As: Ntibarimungu v. Insurance Corp. of British Columbia

British Columbia Court of Appeal

Donald, D. Smith and Groberman, JJ.A.

February 10, 2015.

Summary:

The plaintiff brought an action, asserting that he was totally disabled as a result of a motor vehicle accident and seeking damages.

The British Columbia Supreme Court, in a decision reported at [2013] B.C.T.C. Uned. 2207, found that the medical evidence, which was extensive, did not support his claim. However, it did reveal a person suffering from a number of chronic ailments, including depression and anxiety and diabetes, none of which was found to be related to the accident. The court recorded the evidence in meticulous detail and decided that the plaintiff failed to prove that he was entitled to anything more than the 10 weeks of wage disability and related benefits paid by the defendant. The plaintiff appealed.

The British Columbia Court of Appeal dismissed the appeal.

Damage Awards - Topic 492.1

Injury and death - General damage awards - Pretrial income loss - See paragraphs 1 to 13.

Torts - Topic 61

Negligence - Causation - Causal connection - See paragraphs 1 to 13.

Cases Noticed:

Halbauer v. Insurance Corp. of British Columbia (2002), 161 B.C.A.C. 257; 263 W.A.C. 257; 96 B.C.L.R.(3d) 297; 2002 BCCA 5, refd to. [para. 7].

Counsel:

Appellant appeared on his own behalf;

P.M.J. Arvisais, for the respondent.

This appeal was heard at Vancouver, British Columbia, on February 10, 2015, by Donald, D. Smith and Groberman, JJ.A., of the British Columbia Court of Appeal. The following oral reasons for judgment were delivered by Donald, J.A., on the same date.