The Imbir v. Barron court decision was issued by the Alberta Court of Queen’s Bench in Calgary on June 9, 2006.

On October 31, 1998, Joanna Imbir was stopped at the intersection of Edmonton Trail and 32nd avenue when she was rear-ended by a Nissan Pickup truck operated by Augustine Barron. At the time of the accident Ms. Imbir was 35 years of age, married and the mother of an 8-year old girl. She was self-employed with her husband in a restaurant/catering business.

Ms. Imbir claimed to have suffered serious injuries in the accident. Specifically, she stated that her injuries included myofascial pain syndrome, pain in her neck, shoulders and low back, headaches, TMJ pain, numbness and tingling down her left arm into the 2nd and 3rd fingers, fibromyalgia, insomnia, dysfunctional voiding, major depression, emotional distress, an eating disorder, severe anxiety, elements of post traumatic stress disorder, poor memory and concentration, irritability and a pain disorder.

Ms. Imbir hired a Calgary accident lawyer and sued Mr. Barron for the injuries she suffered as a result of the accident.

At trial, Ms. Imbir testified that the accident has had a devastating impact upon her life. She claimed that she was constantly in pain, continued to experience significant cognitive and emotional difficulties and was unable to return to work. She had not worked since the accident. The defence admitted liability for the accident but argued that Ms. Imbir’s injuries were not severe or long lasting in nature.

The court noted that Ms. Imbir had “serious credibility problems” and that she exaggerated her complaints. However, after hearing evidence from numerous physicians, the court was satisfied that Ms. Imbir had suffered a whiplash-associated injury as a result of the accident and had developed ongoing pain disorder as a result. It was the court’s view that her pain disorder should have ceased in 2001.
The court also held that Ms. Imbir did not suffer a significant brain injury as a result of the accident, nor did she suffer from post-concussive disorder or impaired cognition.

Ms. Imbir was awarded the following damages:

• $65,000 – General damages
• $61,889 – Past loss of income
• $7,419.66 – Special Damages

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