Cody J. Wagner

Selected Experience

• Successfully acted for a 27-year-old naturopath practitioner embarking on her career at the time trial and whose future earnings were greatly affected by a motor vehicle accident in which she was struck while travelling through an intersection. The court was persuaded to award damages in the amount of $393,474 including $284,000 for the injured victim’s loss of future earning capacity. Chirhei v. Kachmar, 2021 BCSC 1720
• The 24-year-old plaintiff in this case, an aspiring dental hygienist, was involved in two motor vehicle accidents, the first occurring when the plaintiff was 19-years-old. The court awarded $439,000 in damages including $125,000 for non-pecuniary damages and $200,000 for loss of future earning capacity for the possibility of future periods where the injured party may not work full-time, may retire early and for the chance of working in work environments that are less lucrative, but more accommodating. Faizi v. Thandi, 2019 BCSC 434
• The 36-year-old lawyer with pre-existing neck issues in this case was awarded $177,177.63 in damages, including $85,000 for loss of future earning capacity, for ongoing motor vehicle accident injuries to her back and neck, as well as headaches. Following the accident, the lawyer did not miss any significant time from work, continued performing well at work despite her ongoing injuries and took up cycling and cycled in races including from Vancouver to Whistler and from Vancouver to Seattle. Frahm v. Laci, 2016 BCSC 1162
• The 35-year-old physical labourer (in demolition and asbestos removal) was awarded $889,650 in damages including $542,000 for loss of earning capacity. The plaintiff, a recent Columbian immigrant, was affected physically and psychologically as a result of motor vehicle accident injuries including a lumbar disc protrusion at the L5-S1 level. Bellaisac v. Mara, 2015 BCSC 1247
• In this contentious liability trial with significantly diverging accounts of how the motor vehicle accident occurred, the 17-year-old cyclist, who was not wearing a helmet or using an illuminated headlamp at “advanced dusk”, was struck by a motor vehicle making a U-turn while the cyclist was attempting to pass the turning vehicle on the left while in an intersection. Mr. Wagner and Mr. Rice advocated strongly on behalf of the injured cyclist and successfully persuaded the court to find the vehicle driver 35% at fault in the circumstances. Matkin v. Hogg, 2015 BCSC 560
• Successfully argued that the trial judge’s cost of future care award of $90,000, which had been remitted to the trial judge by the Court of Appeal for clarification of reasons and a fresh determination, should remain $90,000 as originally awarded at trial. Johal v. Meyede, 2015 BCSC 1070
• Cody supported his colleagues in preparing and arguing this matter at the BC Court of Appeal. ICBC had appealed the court’s 2013 awards for loss of earning capacity ($611,000) and future cost of care ($90,000). The Court of Appeal unanimously upheld the trial judge’s loss of future earning capacity award and remitted the cost of future care award to the trial judge for further clarification of his reasons and a fresh determination of the cost of future care award. Johal v. Meyede, 2014 BCCA 509
• The 30-year-old hotel front office manager injured in a rear-end motor vehicle accident was awarded $795,570 in damages, including $611,000 for loss of future earning capacity as she was limited, as a result of the accident, in her ability to be promoted in her industry and obtain higher-paying work. Johal v. Meyede, 2013 BCSC 2381
• The 34-year-old (41 at the time of trial) in this case suffered a disc herniation (resulting in low back surgery) as a result of a rear-end motor vehicle accident.  The court awarded damages in the total amount of $451,445.  Years after the motor vehicle accident and back surgery, the plaintiff suffered a work-related hernia while working as a full-time heavy-duty mechanic.  He was awaiting hernia repair surgery while receiving WCB benefits at the time of trial.  The plaintiff continued to experience low back pain, was a more anxious driver and socialized less often due to anxiety and pain as a result of the motor vehicle accident.  Flynn v. Raj, 2023 BCSC 1895