A B.C Supreme Court judge has awarded a Surrey woman $3.35 million in damages after a 2019 accident left it difficult for her to work or perform most household chores.
In a newly released April 17 decision, Justice Kenneth Ball said Shafaq Cheema, now 31, was involved in an accident on May 14, 2019 at 64 Avenue and 152 Street in Surrey.
He said Cheema suffered “significant losses” in an accident “where the defendant driver failed to follow the rules of the road.”
Named as defendants in the case were Komal Pandha and Pardeep Pandha.
Ball said Komal Pandha was driving alone in a 2011 Nissan Rogue SUV with the consent of owner Pardeep Pandha.
The collision occurred shortly after 7 a.m. The roads were wet due to prior rain.
The collision was caught on a City of Surrey traffic camera.
Liability for the accident was denied by the defendants, Ball said.
Komal Pandha admitted in cross‑examination that she could have stopped her vehicle before the collision, the judge said.
Ball said Pandha was driving northbound on 152 Street in the centre lane with a clear view of the intersection without obstruction.
Cheema approached the intersection southbound in the centre lane of 152 Street and moved into the left turn lane with her signal on to turn eastbound onto 64 Avenue. She had not started to turn.
As she entered the intersection, the traffic light was green, Ball said.
The light turned yellow and the Pandha car was required to stop unless it was unsafe to do so.
Pandha said she could have stopped safely when the light turned yellow.
“She did not brake but continued accelerating into the intersection. Her average speed was at least 60 km/h and was therefore exceeding the speed limit,” Ball said.
The Pandha car collided with the front right passenger side of Cheema’s vehicle in which the airbags deployed.
“If Ms. Pandha had stopped at the intersection signal stop line, as the law required her to do, there would not have been a collision,” Ball said. “I find that she was in contravention of (the Motor Vehicle Act) and was liable for the collision.”
Cheema’s injuries
Cheema studied at UBC Okanagan where she met husband, Gopal Patel. She eventually transferred to Kwantlen Polytechnic University where she graduated with a bachelor of business and accounting. She had hoped to go to medical school.
The judge said Cheema’s injuries include chronic and functionally limiting pain in her neck, shoulders and back. He said the pain which she experiences radiates into her right arm, right hand and right leg.
“There is evidence that she experiences traumatic stress disorder, anxiety, major depressive disorder and she has on occasion experienced suicidal ideations,” Ball wrote.
Cheema has headaches if her activity level increases, and her lower back and shoulder pain restrict her from her former activities, the ruling said.
“She also has lumbar and leg pain each day,” he said.
She has tried to return to work but has experienced difficulty.
She has lost her interest in music and singing and testified her marriage is still positive but less intimate.
The couple was married in October 2022 with a formal Hindi ceremony held in March 2023.
Cheema was disappointed she was unable to prepare her makeup, eyelashes and other adornments for herself, according to the ruling.
“The ceremony includes a traditional dance performed by the couple,” Ball said. “For the plaintiff’s wedding, the traditional dance had to be reduced in length because she did not have the capacity to perform the dance for the traditional length of time. She was extremely disappointed by this.”
Damages
The damages broken down are:
• loss of future earning capacity - $2.2 million;
• non-pecuniary damages - $225,000;
• past loss of earning capacity - $456,121;
• costs of future care - $421,352;
• in trust claims - $15,000 for husband Gopal Patel and $30,000 for father Emmanuel Cheema; and,
• special damages - $9,081.
