January 19, 2017 | By: Oatley Vigmond, Troy Lehman
Justice Healey released her decision in Kwok v. Abecassis on January 9, 2017. The case is a big win for Mr. Kwok and for Oatley Vigmond.
Mr. Kwok was driving on Highway 401 in Toronto when he was cut off by an unidentified driver. He swerved to avoid that vehicle, lost control and smashed into the center median. Mr. Kwok’s car sat disabled in the passing lane for a little more than two minutes when it was hit by a car driven by the defendant Abecassis.
Going into trial the defendants took the position that Mr. Kwok was substantially at fault for the collision. They took the position that the brain injury was mild and that Mr. Kwok required relatively little care. The combined defence offers totalled $550,000 plus costs.
Justice Healey found that Mr. Kwok did nothing wrong. She found both the unidentified driver and Mr. Abecassis to be negligent. She found that the brain injury was serious and that Mr. Kwok requires 24 hour attendant care. She assessed the damages at over $3,200,000.