Bains v Adam, 2023 ABKB 491

Court of King’s Bench of Alberta Citation: Bains v Adam, 2023 ABKB 491 Date: 20230828 Docket: 1901 03639 Registry: Calgary Between: Jagdev Singh Bains Plaintiff - and - Hassan Y. Adam, Youssouf Adam Akbakar, John Doe I, John Doe II Defendants Docket: 1901 06857 Registry: Calgary And between: Jagdev Singh Bains Plaintiff - and - Kevin William Geary, Olive Odile Rawlyk , John Doe I, John Doe II Defendants Docket: 1901 01056 Registry: Calgary And between:

Jagdev Singh Bains Plaintiff - and - Roderick A. Day, John Doe I, John Doe II Defendants _______________________________________________________ Reasons for Decision of the Honourable Justice K.D. Yamauchi _______________________________________________________ I. Introduction [ 1 ] This reserved decision is the outcome of three trials heard together in September 2022 and February 2023. Each involves the same Plaintiff, Dr. Jagdev Singh Bains. Each lawsuit is a motor vehicle tort claim where the Defendants do not challenge liability. That is to say, if there were injuries to Dr.

Bains, then the Defendants are at fault. Instead, the central questions for this Court are: 1) whether Dr. Bains has proven he was injured during these incidents, and, if so, 2) whether Dr. Bains has proven that one or more of the Defendants caused his injury or injuries. As will become apparent throughout this decision, the trial became complicated by how Dr. Bains conducted himself as a self-represented litigant. [ 2 ] This Court heard these matters concurrently by virtue of an order granted on December 2, 2021, by Associate Chief Justice J.D. Rooke while sitting in case management.

Matter bearing action number1901-03639 (the “Adam Action”) and matter bearing action number 1901-01056 (the “Day Action”) involve motor vehicle accidents in which Dr. Bains was involved as an occupant of a motor vehicle (the “Adam Accident” and the “Day Accident,” respectively). The other matter bearing action number 1901-06857 (the “Geary Action”) involved Dr. Bains as a bystander (the “Geary Accident”). [ 3 ] The trial of these matters was originally scheduled for two weeks, or ten juridical days, in September 2022. This Court had some concern that the trials would not be completed during that period, as Dr.

Bains provided this Court with a list of his witnesses following a pre-trial conference that took place seven days before the trial began. He had 23 witnesses. On the first day of the trial, counsel for the Defendants advised this Court of a further case management order that Associate Chief Justice Rooke had granted on June 23, 2022 (the “Stay Order”). The Stay Order stayed the existing notices to attend and subpoenas as they related to most of Dr. Bains’s 23 witnesses. In particular, Dr.

Bains had issued such subpoenas and notices to attend on the Defendants themselves, some of the Defendants’ witnesses, the Defendants’ insurers, and others. [ 4 ] The Stay Order reduced the number of Dr. Bains’s witnesses from 23 to ten. Two of his witnesses were Calgary Police Service ("CPS") officers, and one was the Chief of the CPS. After hearing the parties’ submissions, as well as the CPS’s submissions, this Court excused the CPS Chief from testifying, as his was only an administrative role in managing the CPS officer reports and statements. This Court did not excuse the other two officers.

Although counsel for the Defendants in the Adam Accident and the Geary Accident confirmed with this Court that their respective clients admitted liability so the officers' attendance was unnecessary, this Court was unclear of the nature of the evidence that those officers could provide outside of the liability issues, so it required them to testify. [ 5 ] Because Dr. Bains had a

schedule for his witnesses, some of his witnesses were to be heard later in the trial. As a result, witnesses were heard out of order, meaning that some of Dr. Bains’s witnesses were scattered throughout the trial weeks, as were the Defendant's witnesses. The Defendants' counsel consented to this manner of proceeding. As this Court mentioned to the parties, what is important is that this Court receive all the evidence, not necessarily that it receives the evidence in any particular order. II. The Accidents A. March 10, 2017: The Day Accident

[ 6 ] On March 10, 2017, Dr. Bains was involved in an accident with the Defendant Roderick Day. The Day Accident occurred at about 5:30 p.m. Dr. Bains was driving a 2014 red Nissan Altima (the “Nissan”). He stopped the Nissan on Whitehorn Road NE, Calgary, to make a left-hand turn. He left signal light was engaged. There was snow and ice on the road. Mr. Day’s vehicle collided with the Nissan. Dr. Bains heard a “thud” when the collision occurred. Dr. Bains exited the Nissan and spoke with Mr. Day immediately after the accident. Dr.

Bains testified that he suffered neck pain and headaches because of the Day Accident. He later telephoned Mr. Day. Mr. Day told Dr. Bains to contact his insurer, which Dr. Bains did the next day. [ 7 ] Dr. Bains took photographs of Mr. Day’s vehicle and the Nissan, as did Mr. Day. These photographs were entered as exhibits: Trial Exhibits 111-114, Trial Exhibits K, L, and M for identification. The photographs show that there was snow and ice on the road. Dr. Bains confirmed that the photographs accurately reflect the road conditions on that day. Because of the road conditions, people were driving slowly.

The air bags on the Nissan did not deploy. The Day Accident did not move either vehicle such that the vehicles changed the direction they were originally facing. [ 8 ] The photographs show little damage to either vehicle. Dr. Bains testified that there were some scratches on the Nissan. He also testified that because of the sound, which he apparently told Mr. Day was “very big,” he was concerned that there might be damage to the Nissan’s suspension. Dr. Bains said he could see damage to Mr.

Day’s vehicle, but this Court could not see any damage to either vehicle in the photographs it viewed. [ 9 ] A “statement” that Mr. Day and Dr. Bains signed on scene was entered as an exhibit: Trial Exhibit 77. Dr. Bains confirmed his signature on the “statement.” The “statement” reads: I Roderick Day Driver of DUJ 297 hit Nissan Altima L-78386 from behind when it was parked to make a left turn on Whitehorn Dr NE and 38 Street NE Calgary on 10 th of March 2017 at around 5:30 p.m. slid into it @ about 10 km.hr. No damage is seen. [ 10 ] Dr. Bains and Mr. Day signed the “statement” and Mr.

Day’s driver’s license appears on Trial Exhibit 77. [ 11 ] Neither party notified the police of the Day Accident, and they called no ambulance or fire department. Dr. Bains and Mr. Day mutually agreed that this was not necessary. In fact, Dr. Bains drove home in the Nissan. [ 12 ] After the Day Accident, Dr. Bains took the Nissan to a shop to obtain an estimate of the damage. The estimate, which was made an exhibit, came back at $619.30: Trial Exhibit 33. There were no parts that required replacement. Dr. Bains obtained no other estimate.

He received this amount from the Cooperators General Insurance Company (“Cooperators”), Mr. Day’s insurer. Dr. Bains produced no evidence that he had the repairs done, as he testified that he had the repairs done by his own “people.” [ 13 ] As a result of the Day Accident, Dr. Bains testified that he suffered a herniated disc in the L-4/L-5 region. He cannot sit or stand for long periods of time. His doctor told him to go for physiotherapy, which he did. He received no payments for wage loss. B. April 8, 2017: The Adam Accident [ 14 ] Dr.

Bains testified that he was accepted into a law programme at York University. [1] He provided this Court with no evidence of his acceptance into the York University programme. Nonetheless, to enter the York University programme, Dr. Bains had to pass an English equivalency test. On April 8, 2017, Dr. Bains was on his way to write the English equivalency test when Mr. Adam ran a red light on the corner of Centre Street and 4th Avenue SE, in Calgary. Mr. Adam “t-boned” the passenger side of Dr. Bains’s Lincoln Navigator, which was advancing on a green light. As a result of the Adam Accident, Dr.

Bains was not able to write the English equivalency test. [ 15 ] Dr. Bains testified that he was scared, nervous, and he was in shock because of the Adam Accident. He asked the CPS officer who attended the accident site whether Dr. Bains could take his Lincoln Navigator, but the CPS officer told him that the suspension and chassis were broken. The Lincoln Navigator was totalled. Mr. Adam’s insurer, Certas Home and Auto Insurance Company (“Certas”) paid Dr. Bains for the Lincoln Navigator. Dr. Bains’s wife took photographs of the vehicles and the Adam Accident scene.

These photographs were entered as an exhibit: Trial Exhibit 1. [ 16 ] Although an ambulance appeared at the scene of the Adam Accident, Dr. Bains refused to go to the hospital in the ambulance. His wife arrived at the scene and took Dr. Bains to see his family doctor, Dr. Gurdev Toor. [ 17 ] Dr. Bains testified that the Adam Accident caused him injuries to his neck, shoulder, lower back, tailbone, upper back, and left knee. He also suffered from dizziness and headaches. Dr. Toor told Dr. Bains to go to the Peter Lougheed Centre (“PLC”). Dr. Bains spent the whole day at the PLC. Several tests were conducted.

He testified that he suffered sprains, whiplash associated disorders, and an anxiety attack. [ 18 ] This was Dr. Bains’s second motor vehicle accident in less than a month. He was scared and felt that death was following him. Dr. Bains started treatment for his various injuries on March 10, 2017, and he continues his treatment to this day. He testified that he is unable to work because of the Day Accident and the Adam Accident. [ 19 ] As mentioned earlier, the subpoenas for some of the witnesses that Dr. Bains had intended to call were stayed by the Stay Order. This Court allowed several of Dr.

Bains’s witnesses to provide their testimony. However, after hearing their evidence, this Court finds that some of their evidence was irrelevant. For example, Rodel Cortez provided this Court with detailed evidence on how the Adam Accident occurred and some of its aftermath. Clifford Anton Johnson and Jeffrey Clancy Langridge who also witnessed the Adam Accident provided this Court with similar evidence. In answer to a leading question, Mr. Langridge testified that Dr. Bains appeared to be disoriented when he spoke to Dr.

Bains immediately after the Adam Accident. [ 20 ] The reason this Court finds most of the testimony of these witnesses to be irrelevant to what it must decide is that counsel for the Defendants in the Adam Action admits liability on their behalf. There is nothing more to prove. Mr. Adam is liable for causing the

accident and Dr. Bains is not. What is at issue in the Adam Action is whether the Adam Accident caused Dr. Bains’s injuries, and, hence, whether Dr. Bains is entitled to recover damages from Mr. Adam (or his insurer) and, if so, in what quantum. [ 21 ] Dr. Bains tried to put a hypothetical question to all his witnesses that if there were pedestrians in the cross walks whether Mr. Adam's vehicle would have killed or injured them by his driving actions.

Following an objection to that question, this Court did not allow any of the witnesses to answer that hypothetical question, as none of them testified that there were any pedestrians in the crosswalk. Besides, the answer to that question is irrelevant to Dr. Bains’s personal injury and damages claims. C. May 30, 2017: The Geary Accident [ 22 ] On May 14 or 15, 2017, Dr. Bains’s mother-in-law died in India. Dr. Bains’s wife was very close to her mother. As a result, Dr. Bains’s wife and their children travelled to India. Dr. Bains remained in Canada.

He was not working at the time, but he was continuing with his treatments, and taking care of their home and his plants. [ 23 ] On May 30, 2017, Dr. Bains was happy as his family was going to return to Canada on June 1 st or 2 nd . His daily routine involved watering his plants early in the morning, sitting and talking to his plants, and drinking his tea. He testified that he was sitting on a bench next to a firepit in his backyard. There was wood beside the firepit on which people could sit. Although a bit confusing, during questioning, Dr.

Bains testified that he was sitting on wooden planks that he had placed on the bench, or maybe on a cushion: Transcript of Questioning, November 5, 2021, pp 572-74. [ 24 ] His house is on the corner of two streets. Often people would drive fast on motorcycles or cars, with their mufflers removed. As a result, he did not notice a car that was “roaring, with screeching wheels coming towards him.” The automobile crashed into Dr. Bains’s fence, just behind where his bench was located and where he was sitting.

The vehicle “almost hit him” and there was an “explosion.” He testified that the vehicle was travelling at 60 kilometers per hour when it struck the fence. The impact “threw him on to the concrete.” [ 25 ] Dr. Bains testified that the motor vehicle did not just hit his fence once. During the first crash, there was a recycling bin that cushioned the impact. But the vehicle still hit the fence and broke the latches and the hinges. The motor vehicle's tire blew out. There was then a second crash, which bent the fence gate onto his bench. This is the impact that caused him to be thrown to the ground.

During cross-examination, Dr. Bains testified that he was not hit by the fence, but that the bench on which he was sitting was struck by the fence. He does not remember if he was sitting on a cushion. [ 26 ] The motor vehicle that hit the fence then drove away. Dr. Bains did not see the driver. Nor was he able to get a license plate number. He was able to see the vehicle, which had sustained damage. Right after the accident, Dr. Bains called 911. The 911 dispatch notes said the complainant was “almost hit.” Dr. Bains testified that this is the dispatcher's comment not his, and that the comment makes no sense.

This Court finds that the dispatcher was simply recording what Dr. Bains had told them. Dr. Bains then called his wife in India. [ 27 ] Dr. Bains testified that he then went to see Dr. Toor. On his return he undertook his own investigation to find out the identity of the driver. The driver, Mr. Geary, called Dr. Bains at 11:00 a.m. to confess that he had hit the fence. There were no other witnesses to this accident. [ 28 ] During questioning, Dr. Bains testified that after he called the police, he took a shower. Then he went to see Dr. Toor.

After that, three of his friends or relatives came over to his place: Transcript of Questioning, November 5, 2021, pp 552-54. [ 29 ] Cst. Weseen was a CPS officer during the relevant time. He attended Dr. Bains’s residence on May 30, 2017, because of the Geary Accident. Cst. Weseen was fully qualified to investigate traffic accidents. [ 30 ] The collision occurred sometime between 7:25 a.m. and 7:26 a.m. on May 30, 2017. The collision was reported at 7:27 a.m. Cst. Weseen was dispatched to investigate the collision.

The dispatch that was provided to this Court contained abbreviations and colloquialisms, but it reports that, “someone drove into the complainant's fence and almost hit the complainant. The offender was driving a gold sedan and the right side of the sedan was damaged. No plate number was obtained.” Cst. Weseen spoke to Dr. Bains on the telephone at about 7:51 a.m., but Cst. Weseen had to attend to another call. He asked Dr. Bains to type out a statement and provide the statement to Cst. Weseen by email. [ 31 ] Later, Cst. Weseen contacted Dr. Bains, who told Cst.

Weseen that he had conducted his own investigation and determined from where the subject vehicle had come. Dr. Bains had spoken with the registered owner of the vehicle, who told Dr. Bains that her grandson had been driving her vehicle that morning. Cst. Weseen attended the registered owner's residence who provided him with her grandson's birthdate and cellular telephone number. The registered owner's grandson is the Defendant Kevin William Geary. When Cst. Weseen contacted Mr. Geary, Mr. Geary admitted that he had been driving the vehicle and he had “ran into the fence pretty good.” Cst. Weseen asked Mr.

Geary to attend the CPS District 5 Office the next day so he could give Mr. Geary two tickets. The next day, Mr. Geary attended the CPS Office and Cst. Weseen gave him tickets for “careless driving” and “driver in accident fail to remain at the scene.” Cst. Weseen's report concludes: I notified BAINS of having given GEARY the tickets and gave him the necessary insurance information so that he can file a claim for his fence and for his fall, which he claims caused him minor injuries. Trial Exhibit 5. [ 32 ] In his synopsis, Cst.

Weseen said, among other things: The homeowner at [***], Jagdev BAINS, was sitting in the backyard at the time on a bench a short distance and fell onto the ground out of shock. GEARY then sped away without stopping to leave his information or speaking with BAINS.

Trial Exhibit 5. [ 33 ] Part of Cst. Weseen's report was prepared using the emailed statement that Dr. Bains provided to him: Trial Exhibit 7. Part of that statement provides: At around 07.00 am on 30 May, 2017 I was sitting in my backyard. My kids and wife have gone to India for vacation so I take my morning tea and snacks in my garden watching my plants. I was sitting on the bench just inside the rear fence wall and enjoying my tea. Suddenly there was a big crash into the rear fence wall and then a big bang as if a bomb has exploded.

I was thrown to the ground with the impact and the tea and snacks spill over me. Still in shock, I saw that the rear fence door was blown away and shattered all over the backyard. Gaining little alertness I saw a car between silver and gold color speeding away from my fence and tearing it away. … I ran back into my backyard and started feeling dizziness and pain in the back as if he directly hit into me. My abdomen and thighs were burning with the spill and so I immediately took cold shower. … Then I went around the block if somebody had any CCTV cameras.

Meanwhile I started feeling dizziness and severe pain in the neck and went to see my doctor. … [ 34 ] Cst. Weseen's report was based on information he had obtained from Dr. Bains, the vehicle's owner, and Mr. Geary. There were no witnesses to the incident. [ 35 ] Cst. Weseen did not recall whether he obtained information from Mr. Geary as to why he fled from the scene. III. Evidence [ 36 ] Evidence in these trials was introduced through witnesses Dr. Bains called, Dr. Bains himself, and witnesses the Defendants called.

Later in these reasons, this Court will separately evaluate and comment on an unorthodox affidavit that Dr. Bains attempted to enter into evidence on February 2, 2023. A. Dr. Bains’s Background 1. Direct Evidence [ 37 ] Because Dr. Bains was a self-represented litigant, this Court allowed him to take the witness stand and provide it with details concerning his background and the matters before this Court. There was little interruption from counsel for the Defendants and this Court during Dr. Bains’s narrative. [ 38 ] Dr. Bains is from India. He is from an ambitious and hardworking family.

His elder sister is a teacher, but she never worked as a teacher, as her husband is a high-level banker. Dr. Bains’s older brother emigrated to United State in 1987. He is an entrepreneur and has been very successful. His brother sent Dr. Bains a letter while Dr. Bains was studying medicine in Russia. The letter expressed the pride he felt for Dr. Bains, and that to have a medical doctor from their region was “a dream.” [ 39 ] Dr. Bains was a very good student from a young age. He passed an entrance exam to attend a top tier boarding school.

All his classmates were from an upper class, but he surpassed them, and stood first in his class. He was chosen by the Government of India to attend medical school. He attended a Russian medical school, I.M. Sechenov First Moscow State Medical University. He took his studies seriously and completed his medical degree in 1998. His studies were in the Russian language. There was no English or Punjabi spoken. Like all students, he suffered hardships while attending medical school, and he worked hard to earn his degree.

After he completed his medical degree, he had friends and families in Russia who wanted him to stay. However, he wanted to return to his community. [ 40 ] Dr. Bains did internships in many medical disciplines, including psychiatry, obstetrics, gynecology, surgery, public medicine, and others. He returned to India and completed two residencies in government hospitals. [ 41 ] He opened his first private clinic when he was 27 years old, which was a general family medicine practice. During this period, he got married. Dr. Bains’s wife is also a medical doctor who received her medical degree in 2000.

They opened a second medical clinic. Medicine occupied all his time during this period. He had no other hobbies or children. Dr. Bains and his spouse expanded their medical operation in 2002 by opening a further clinic, which had a dental unit, an operation unit where they did minor operations, and ambulance services. [ 42 ] Because he felt he lacked the necessary surgical skills, Dr. Bains returned to medical school in Russia where he completed a PhD in surgery.

He completed a further residency in a hospital in Jalandhar, Punjab which was a tertiary care hospital, where he completed many major surgeries, including abdominal surgeries. In 2002, their first daughter was born, so he managed both their medical clinics. His wife's physician told her to rest for six months, during which time, she only tended to their obstetrics and gynecology patients. Dr. Bains handled the rest and managed their medical operations.

[ 43 ] Dr. Bains described himself as being a “renowned doctor,” who was honest and generous with his time and money to help his patients. Many of his patients became life-long patients, who referred other family members to the Bains couple’s clinics. Dr. Bains was invited to speak on health, prevention, and cure, and lectured to students, and organizations for continuing medical education. He is a life member of the Indian Medical Association. [ 44 ] In 2005, Dr.

Bains built the Bains Polyclinic and General Hospital (“BPGH”), a general hospital in Punjab that had seven or eight departments, along with a laboratory, pharmacy, and x-ray department. An ophthalmologist and an endoscopist would visit BPGH once or twice per week. BPGH had a modern operation theatre for small wounds and an inpatient department. Dr. Bains was very proud of BPGH. He testified that he was much beloved by the people in the surrounding villages. His parents were proud of him. BPGH is now for sale.

He testified that he has now abandoned his profession as a medical doctor because of the three accidents that form the subject- matter of this decision. [ 45 ] Despite his success, Dr. Bains did not feel that India was the place he wanted to raise his children. In 2009, Dr. Bains met someone who told him that there is a fast-track immigration process for physicians seeking to relocate to Canada. He applied for his Canadian landing papers, and he received them in September of 2009. He kept his medical building in India safe.

He was not vacating it, as he had every intention eventually to return to India. [ 46 ] Dr. Bains landed in Canada in October of 2009. He and his family first settled in Brampton, Ontario. He started by doing warehouse jobs, and eventually began driving a truck. His trips were between Brampton and the United States. During this time, one of his friends convinced Dr. Bains to move to Ottawa. Because Dr. Bains trusted his friend, he moved to Ottawa where he found a job with Federal Express. During the whole time since arriving in Canada, Dr.

Bains intended to complete the Medical Council of Canada qualifying medical examination (“MCC Exam”), which he testified would permit him to practice medicine in Canada. However, Dr. Bains could not dedicate his whole time to the study for the MCC Exam, as he had to support his family. [ 47 ] Around this time, Dr. Bains started feeling miserable and guilty. He had a luxurious life in India, and he brought his family to lead a bad life in Canada. His friends tried to help him by giving him other truck driving routes. Although he was making good money, in the back of his mind, Dr.

Bains felt, “this is not me.” He had done so much in his life, and he had “higher intelligence” than that of a truck driver. [ 48 ] He told his wife to go to Western Canada to find a store where they could both work and live. He would train his wife to operate the store and he could prepare to write the MCC Exam. She toured Saskatchewan and Alberta and returned to Ottawa. Dr. Bains searched the Internet. He knew nothing about Alberta and Saskatchewan or the difference between small towns and big centres. In January of 2011, Dr.

Bains flew to Wadena, Saskatchewan, where he found a property with 4 bedrooms upstairs and a store downstairs. The property would cost $14,000. Dr. Bains prepared an agreement to purchase the building and he closed the transaction with the seller. He took possession in April of 2011. He renovated the store, bought inventory, and obtained the necessary business licenses. He and his wife bought a motor home so they could travel to Saskatoon, Saskatchewan on the weekends to attend the Sikh temple and purchase inventory from Costco or Superstore. [ 49 ] Dr.

Bains and his family began to face racial discrimination in Wadena. As well, they were facing stiff competition from the nearby Co-op grocery store that began stocking the same products as did his store. Dr. Bains began losing money. Not surprisingly, he started to question why he had come to Canada and he began to lose his enthusiasm. In October of 2011, he closed the store. He retained the building in Wadena. [ 50 ] After he closed the store in Wadena, Dr. Bains travelled to Surrey, British Columbia, which he had heard about from his relatives. When he arrived in Surrey, he had no job and no truck.

He found a long-haul trucking job that sent him to the United States. Because he was on the road so much, he missed his family, so he drove his truck for only five or six months. Dr. Bains then began selling Shaw products door-to-door. He testified that he had the highest sales in his first month. [ 51 ] His goal was to save sufficient money which would allow him to study for and write the MCC Exam. Dr. Bains felt he could make the most money if he owned a truck and became an owner-operator. He made enough money to buy a used 1997 Freightliner truck and began driving this truck.

He hauled from Surrey to the United States. He made good money. He was still working long hours. During this period, from time to time, he would travel to India to see his relatives. All this time, Dr. Bains continued studying for the MCC Exam. [ 52 ] He eventually returned to Wadena to pick up the balance of his family's possessions. On his return to Surrey, he stopped in Calgary to visit a friend. Dr. Bains’s friend took the U-Haul trailer from Dr. Bains’s vehicle and told him, “You are staying in Calgary.” Dr. Bains felt the same, as he found it expensive to live in Surrey. [ 53 ] Dr.

Bains bought a “reefer” or refrigerator trailer in 2015 and got his first job with the reefer in May of 2015. He was involved in a motor vehicle accident in June of 2015, so he sold the truck and trailer, and bought a new one. At the end of 2015, he returned to India so he could stay connected with his medical practice. In 2016 he renovated the building that housed BPGH as it was breaking down because of the heat. He had never rented it during his absence. Nor did he sell it, as it was his place of work and “place of living.” During this time, he practiced medicine from BPGH. [ 54 ] In early 2016, Dr.

Bains wrote to the Medical Council of Canada to arrange to write the MCC Exam. He wrote the MCC Exam in May of 2016 but failed it. He knew, however, that the next time, he would pass the MCC Exam. As a result of this failure, Dr. Bains had to renew his trucking licenses. [ 55 ] Dr. Bains’s truck and trailer were owned by Prairie Power Pass Corp. (“PPPC”). Dr. Bains was a director of PPPC, and it appeared to this Court that PPPC was Dr. Bains’s family corporation. For some reason, Dr. Bains would not admit to this, and continued to testify that he was simply one of PPPC’s directors. [ 56 ] In November of 2016, Dr.

Bains fell while removing ice from his trailer. He made a Workers' Compensation Board (“WCB”) claim for a shoulder injury. After he sustained his injury, Dr. Bains caused PPPC to cancel the American insurance on the truck on

December 28, 2016, as Dr. Bains was not working at the time: Trial Exhibit 110. PPPC sold the truck on January 18, 2017: Trial Exhibit 20. Dr. Bains testified that PPPC cancelled the insurance and sold the truck because he was planning on going to the United Kingdom to obtain a law degree. He confirmed that once PPPC cancelled the insurance, he could not operate the truck. During that time, Dr. Bains was receiving WCB benefits, which he received until March 16, 2017: Trial Exhibit 109(a). Dr.

Bains had not advised WCB that PPPC had sold his truck, as “there was no reason to tell them.” He refused to answer the question that he had led WCB to believe that he was still working as a truck driver. [ 57 ] On February 1, 2017, Dr. Bains received a permit to demolish the Wadena building: Trial Exhibits 65 and 122. He supervised the demolition. He had no medical conditions that would prevent him from so supervising. [ 58 ] Dr. Bains wrote the Law School Admission Test in February of 2017. He did not do well, and in fact scored in the 10 th percentile: Trial Exhibit 97.

He was, however, accepted into an overseas law program at the University of Southampton, which did not require an LSAT score: Trial Exhibit 98. He was to begin this program in the Fall of 2017. He decided he was going to obtain a law degree, so that he could help his community obtain access to justice. He wanted to do pro bono charity work. [ 59 ] After the Day Accident, Dr. Bains testified that he continued searching for jobs, because he thought he would get well. He continued to apply for trucking jobs, as he wanted to make money to allow him to pursue a law degree.

After the Adam Accident, he quit searching for jobs, but started concentrating on his treatments, as he did not want his injuries to become a hindrance in his life. Dr. Bains’s goal was primarily to care for his family. The Geary Accident occurred in May of 2017. [ 60 ] Dr. Bains testified that sometime in July of 2017, he started suffering severe ringing in ears, which Dr. Toor diagnosed as tinnitus. It was unbearable. Dr. Bains thought he was going mad. Hearing aids did not help him. Dr. Bains went to see Dr. Justin Chau, who is an ear, nose, and throat specialist. Dr. Chau told Dr.

Bains that he could not help Dr. Bains and he would “have to bear it.” Dr. Chau suggested that Dr. Bains seek out a behavioural therapist or tinnitus training, neither of which Dr. Bains could afford. Dr. Bains’s medical situation resulted in him having to cancel his plans to obtain a law degree. [ 61 ] In October of 2017, Dr. Bains decided he had to do something, as he did not want to be “disabled for life.” His goal was to be a doctor in Canada or India. Dr. Toor advised him to take training for a light sitting job. While he was recovering from his injuries, Dr.

Bains decided to undertake studies in sonography, as his injuries did not allow him to drive a truck. Besides, this would allow him to maintain a connection to the medical profession and, when he returned to India, he could add sonography to BPGH, so he could increase his income by “1.5 to 2 times.” In India, Dr. Bains did not advertise as a sonographer. He testified that he did not advertise ultrasound (sonography) as something he could do in BPGH. He could perform ultrasounds on his own patients, but he could not take referrals. He advertised this on his letterhead, but not on BPGH’s building. [ 62 ] Dr.

Bains describes himself as “the best student” in the sonography programme. On December 27, 2017, he wrote the sonography examination and received a mark of 97%. Dr. Bains was not satisfied with this, as he expected to receive a mark of 100%. His wife also took the exam, as they had planned to establish a sonography practice together. Dr. Bains also wrote the specialty examinations in abdominal sonography in January of 2018. He and his wife also took the echocardiogram sonogram programme.

During his sonography studies, his shoulders became frozen, so he had to quit his sonography programmes. [ 63 ] Even though he had to give up the sonography programme, Dr. Bains felt that he still had to do something with his brain, as he was experiencing memory loss and brain fog. He decided he would write the Real Estate Council of Alberta examinations so that he could sell real estate. He was approved to write the examinations, so he bought the books. Although he could not spend hours reading the materials, he read them little by little.

Because of COVID-19, the examinations kept being postponed, so he abandoned the idea of being a real estate agent altogether. [ 64 ] Dr. Bains’s treatments continued. He sought out a psychologist for panic and depression. His medical service providers advised him to work around his house and keep himself distracted to help treat his anxiety, panic attacks, and depression. Dr. Bains felt worthless, as he did not want to be disabled for life. He followed all treatments and never missed taking his medicine. One medication he was taking was Vyvanse, which is prescribed for attention-deficit/hyperactivity disorder.

However, Dr. Bains felt that Vyvanse was destroying his brain, even though his panic attacks were frequent, and his anxiety level and stress were high. He took the advice from his doctors and continued working in his garden. He also did some jogging. [ 65 ] Dr. Bains provided this Court with a narrative of all his physicians’ reports. Those reports were not made exhibits in these proceedings and none of his physicians were called to testify. The one physician who provided this Court with her evidence was Dr.

Shamaila Zulqurnain, whose evidence this Court will discuss later in these reasons. [ 66 ] At this juncture it might be worthwhile to repeat that Dr. Bains was a self-represented litigant. While this Court and Associate Chief Justice Rooke attempted to require Dr. Bains to comply with the Alberta Rules of Court and to enforce the rules of evidence, this Court gave Dr. Bains significant leeway, despite numerous objections from the Defendants’ counsel. Dr. Bains was a very aggressive and argumentative individual and it appeared to this Court that the interests of justice would not be served by arguing with Dr.

Bains each time he breached the rules of evidence and the Alberta Rules of Court . The better approach, in this Court’s mind, was simply to allow him to present his evidence and give whatever weight it considered appropriate to such evidence. [ 67 ] That said, this Court will provide a

summary of the hearsay evidence that Dr. Bains provided to it concerning his physicians’ reports. Dr. Toor advised Dr. Bains that he needed physiotherapy, chiropractic treatment, and massage therapy. He advised Dr. Bains not to lift heavy objects, but that he can do any job so long as Dr. Bains could lift the objects required of him. Dr. Toor suggested that Dr. Bains obtain a second opinion if he did not agree with Dr. Toor's opinion. Dr. Bains did not agree with Dr. Toor's recommendations, so he began seeing Dr. Zulqurnain [ 68 ] Dr. Yanjun Duan, a neurologist from the PLC, concluded that Dr.

Bains’s major injuries were the result of the accidents. As well, Dr. Chau concluded that Dr. Bains suffered tinnitus from concussions he sustained post-accident. A brain and concussion specialist at the Foothills Hospital confirmed that all of Dr. Bains’s concussion and memory issues are post-accident and they will continue for his

lifetime. The Calgary Spine Clinic confirmed two intervertebral disc bulges post-accident. Dr. Erum Uzma, a rheumatologist, stated that Dr. Bains’s frozen shoulders were the result of the accidents, and that Dr. Bains would require physiotherapy for life. The Kinesis Testing Centre confirmed that Dr. Bains’s numbness of his wrist and forearm was not due to a neuro deficit, but his frozen shoulder leads to muscular nodes in his arms that result in numbness.

The Panther Sports Clinic confirmed that frozen shoulder pain in arms and weakness in arms appeared after the three accidents. [ 69 ] The Alberta Concussion Centre confirmed memory issues, vestibular issues, fatigue, headaches, and neck pain are the result of the three accidents and Dr. Bains will require physiotherapy for life. Dr. Michael Deutschmann, an ear, nose, and throat specialist, reported that Dr. Bains suffered tinnitus post-accident. Advantage Health Physiotherapy concludes that for all injuries, Dr. Bains will require physiotherapy for life. [ 70 ] Dr.

Bains provided this Court with evidence concerning the approval by the various insurers to his

Section B benefits post- accident. In fact, a list of such payments and reimbursements was entered as an exhibit in these proceedings, which shows that Dr. Bains received the benefit of $80,348.66 post-accident(s). Dr. Bains argues that these payments resolve the causation issues, which this Court will discuss later in these reasons. Suffice it to say, at this time, Dr. Bains received the benefit of these

Section B benefits, including disability and medical expenses. He also received reimbursement for property damage to his fence from the Geary Accident and the insurers reimbursed him for, among other things, property damage resulting from the Adam Accident and the Day Accident totalling $26,883.34. [ 71 ] During all of 2018, Dr. Bains testified that he never missed a physiotherapy, chiropractic, or massage therapy appointment.

He would go once or twice weekly, as he wanted “to get to the best of his health and to be the best father and husband.” Generally, he testified that his family was not enjoying life because of the accidents. [ 72 ] In June of 2018, Mr. Geary's insurer, Intact Insurance (“Intact”), arranged for an independent medical examination (“IME”) concerning Dr. Bains’s

section B benefits with Dr. Marie Pelletier in Vancouver. Dr. Bains describes Dr. Pelletier as “listening and caring.” He testified that he truthfully told her everything about his condition pre-accident of May 30, 2017, and all his current problems. He posed a question to this Court; “If he did not have injuries on May 30, why would Intact require the IME and physio?” [ 73 ] In the end, Dr. Bains testified that he did not gain full recovery during those two years of

section B expenses. [ 74 ] In October of 2018, Certas Home and Auto Insurance Company (“Certas”), which was Mr. Adam’s insurer, organized an IME through Dr. Nicholas Yardley. Dr. Bains testified that Dr. Yardley “underestimated him as a patient.” He went on to say that Dr. Yardley is “fraudulent, biased, incompetent, and greedy for his money.” He has sued Dr. Yardley for medical negligence. Dr. Bains testified that Dr. Yardley undertook a reckless medical examination. [ 75 ] This Court will discuss Dr. Yardley's report later in these reasons, but, for now, it will provide a

summary from Dr. Bains’s testimony. Despite warnings from this Court and counsel for the Defendants, Dr. Bains asked this Court to enter Dr. Yardley’s report as an exhibit. Dr. Yardley's report says that Dr. Bains is not wholly and permanently disabled, and that his disability and impairment is temporary: Trial Exhibit 126. Dr. Bains can still be involved in the trucking business. As a result of Dr. Yardley's report, Certas did not pay for further physiotherapy or chiropractic treatments. [ 76 ] Despite Dr. Yardley's report, Dr. Bains was of the view that he still needed treatment.

He did not care about the money. He attended McKnight Physiotherapy, which allowed him to continue treatment without pay, but he paid them about $5000. Dr. Bains applied for financial help from Alberta Works, which gave him 20 sessions of treatment for physiotherapy and chiropractic treatment. [ 77 ] Dr. Bains testified that during 2019, the behaviour of his children changed. They do not talk to him because he only talks about his three accidents. He used to be a good father, but he has lost them for the past three years.

As he put it, “he sacrificed his profession for his kids and now they are not his.” He started living downstairs and stopped talking to his children. [ 78 ] Generally, Dr. Bains testified that his injuries, both mental and physical, have caused him to lose his enjoyment for life. He has lost fifty percent of his vocabulary. He does not use his motorcycle, boat, or recreational vehicle. He bought a Saturn convertible, which he does not use because he cannot get into it. He and his wife are distant, although she is spiritual with a strong heart. He started living in his truck.

His brother’s in-laws in Bellingham, Washington checked-up on him. His temple told him to go back to his family. He and his family reconciled within a month. He started taking anxiety medication at that time. [ 79 ] Dr. Bains is now a diabetic. He blames the accidents for his diabetes. He is trying to control his diabetes through diet, but now his diabetes is controlled through medication. [ 80 ] From January of 2018, through to December of 2020, Dr. Bains had a lawyer. He had a falling out with his lawyer in November of 2020, so he dismissed his lawyer.

Since then, he has been consulting with his friends who are lawyers and reading legal textbooks. [ 81 ] Dr. Bains provided this Court with extensive evidence concerning the procedural and substantive aspects of this litigation. He also described many of the case management meetings that were held before the case management justice, Associate Chief Justice Rooke. He calls Associate Chief Justice Rooke “corrupt and biased,” and he alleges that Associate Chief Justice Rooke is “bribed.” He provides no evidence for these allegations. As well, Dr.

Bains alleges that the lawyers for the Defendants are conspiring against him and that they lie. Again, he makes these inflammatory statements without evidence. The information concerning the procedural and substantive aspects of this litigation, and the accusatory comments he makes towards its players are irrelevant for the purposes of this decision, but Dr. Bains spent much time during the trial with these aspects, so this Court felt it should mention them. [ 82 ] Dr. Bains served subpoenas on all the Defendants in these actions.

He described how he went about serving the subpoenas, and the negative reaction of all Defendants to Dr. Bains’s actions. Again, for the purposes of these reasons, what occurred during these incidents is irrelevant. Ultimately, Associate Chief Justice Rooke granted restraining orders against Dr. Bains and his family as against all litigants and their respective lawyers.

[ 83 ] Dr. Bains described three unrelated incidents as "major" in his life. One involved an incident at a Canadian Tire store in May of 2018, that resulted in Dr. Bains being handcuffed and escorted from the store. He was attempting to return a battery that did not work. He got into a dispute with the Canadian Tire employees, which resulted in the police being called. Dr. Bains filed a lawsuit against Canadian Tire. [ 84 ] Another “major” incident involved the Dashmesh Temple, which is the temple that Dr. Bains and his family attended. In June of 2018, a preacher was scheduled to give a sermon. Dr.

Bains testified that this preacher was an agent of the Indian government. Dr. Bains wanted to exercise his freedom of speech and protest the preacher’s presence in his temple. Dr. Bains protested and was allegedly assaulted by the preacher's security. Dr. Bains knew there was going to be security present, but he testified that he had to stand up for his rights, even though he knew there would be physical consequences. Dr. Bains commenced a lawsuit on his own behalf and on behalf of his whole family because of this incident. [ 85 ] Finally, Dr.

Bains was involved in an incident around May of 2018, in which he was seeking a receipt, and was assaulted by a group of individuals. [ 86 ] All these incidents resulted in Dr. Bains commencing lawsuits against the alleged perpetrators, in which he alleged that he suffered, among other things, injuries like the ones he has described in the lawsuits at bar. The last incident resulted in criminal charges against the perpetrators, but the charges were withdrawn. [ 87 ] Physically, Dr. Bains testified that sometimes he feels okay, but the next day he is crawling.

He still suffers from frozen shoulders and his hearing is not very good. At times, he feels he is going crazy. He also suffers from post-concussion syndrome. His wife walks over his spine every night and pulls his legs. He has trouble washing his hair. [ 88 ] Dr. Bains rarely does housekeeping. He does mow his lawn, as the lawn mower runs itself. He cannot shovel the sidewalk. He loves gardening, but he cannot garden as much as he used to. He does not water his plants and after he does garden work, he is in pain at night. [ 89 ] Dr. Bains was a good cook. He used to cook for himself while he was living in Russia.

He has not cooked for the last five years. He also used to play the harmonium and the tabla, which are musical instruments. He has not played his musical instruments for five years. 2. Cross-Examination of Dr. Bains [ 90 ] Dr. Bains is not a qualified medical doctor in Canada, and his one effort to write the MCC Exam resulted in a failing grade. But it was not just a marginally failing grade. The MCC Exam was out of 500 marks, and Dr. Bains needed a mark of 250 to pass, which is a bare pass. He scored 178, which is 72 marks below the minimum and 322 below the total marks. Dr.

Bains testified that if he were to write the MCC Exam again, he would surely pass. But he did not write it again, despite there being over seven years since he first wrote it. During cross-examination, when counsel suggested to Dr. Bains that “he was not close to passing the exam,” Dr. Bains responded by saying that counsel could not suggest that or make such an assumption. This was in the face of Dr. Bains receiving a score of 32%, when he needed a score of 50% to pass. Dr. Bains then explained why he had scored so low.

Apparently, someone told him that he would have plenty of time to complete the MCC Exam, so he took far too long completing the first half of the examination. The result was Dr. Bains did not have enough time to complete the second half. He could not recall what it was that he spent too much time completing, but he assured this Court that he could have passed the second half, had he completed it. [ 91 ] Counsel for the Defendants in the Adam Action then went through the MCC Exam results which showed where Dr. Bains succeeded and failed. The MCC Exam results were made an exhibit: Trial Exhibit 54.

It showed some successful areas, but in those Dr. Bains did not pass, he was far below the average. When counsel suggested that he “missed by a lot on this test,” Dr. Bains agreed. His excuse was that he had not studied enough. Even though Dr. Bains was not working much in 2015, and 2016, he did not agree that he had plenty of time to study. His spouse provided evidence that Dr. Bains had studied hard for the MCC Exam. [ 92 ] Dr.

Bains advertised BPGH as having an “Ultramodern operation theatre.” He testified during cross-examination that he sold his operating theatre equipment, but he had no record of these sales. Nor did he have records that indicated his original purchase of this equipment. Although he presented photographs of the outside of BPGH, Dr. Bains had none that showed the operation theatre. Nor do his photographs show a reception area, a surgery room, x-ray machines, or a pharmacy, or any photographs showing patients in or around the building. [ 93 ] Dr.

Bains also produced no evidence of any records to show what he or BPGH earned or what he paid to his staff. There were no business records from BPGH, no contracts with doctors who provided consulting services to BPGH, such as the dentist, endoscopist, and ophthalmologist, or any contracts with nurses, or x-ray technicians. Dr. Bains testified that he did not need these agreements in India. These medical professionals operated under verbal agreements. [ 94 ] Dr. Bains did not file income tax returns in India from 2005-2009. Dr. Bains counsel, who Dr.

Bains testified is also an accountant, filed income tax returns for him. Besides, Dr. Bains testified, he is not claiming loss of income-earning capacity. He is claiming for lost opportunity. [ 95 ] Dr. Bains testified on the number of hours he worked as a physician while he was in India. It was convoluted, and when one does the calculations, it left Dr. Bains very little time to sleep. He did all his surgeries at night, once he returned from his other jobs, which involved travel. He worked at other hospitals, as a government medical officer, and he was training to be a sonographer. When Dr.

Bains was challenged on all of this during cross-examination, he became extremely argumentative with counsel, which was not helpful to this Court, as it did not assist in providing this Court with the exact details of what Dr. Bains did, when he did it, and where he did it. In any event, Dr. Bains provided this Court with few documentary records to show exactly what he did and when he did it, other than a few documents that he or his extended family members had created.

[ 96 ] Dr. Bains had several different curricula vitae , depending on the job he was seeking. For example, to obtain a truck driving job, one curriculum vitae showed that Dr. Bains had driven trucks in India, but did not show his medical experience. Dr. Bains became extremely argumentative and agitated when counsel was questioning him on these various forms of curricula vitae . [ 97 ] As a result of the accident in which Dr. Bains was involved in 2015, Dr. Bains received temporary disability wage replacement payments from the WCB. He received those benefits from November 12, 2015, through to December 17, 2015.

During this period, Dr. Bains travelled to India. He landed on December 2, 2015, when he was still receiving WCB payments. Counsel for the Adam Defendants produced a document which indicated that Dr. Bains was working in India during the period from December 1, 2015, through January 11, 2016, even though Dr. Bains was collecting benefits from WCB. [ 98 ] Some of Dr. Bains’s records that he asked this Court to enter as exhibits showed that Dr.

Bains worked as a sonographer for the Bajwa Hospital & Diagnostic Centre from, among other times, December 1, 2015, through January 11, 2016, which were “paid hours.” This was when Dr. Bains was collecting disability wage replacement payments from WCB. When Dr. Bains was challenged on the truth of this document, which is on Bajwa Hospital & Diagnostic Centre letterhead dated September 19, 2017, addressed to the American Registry for Diagnostic Medical Sonography, Dr. Bains said the author of the letter “lied in his document.” This is a document that Dr.

Bains asked this Court to enter as an exhibit in these proceedings: Trial Exhibit 54. [ 99 ] Counsel for the Defendants in the Adam Action also alleged that Dr. Bains changed his letterhead to show that his hospital also did ultrasound, even though he had testified earlier that he did not advertise that fact. Dr.

Bains did this, counsel alleges, to write his letter of September 23, 2017, addressed to the American Registry for Diagnostic Medical Sonography which says, among other things: This is to certify that my self Jagdev Singh Bains was employed as a full-time Sonographer at the above mentioned Bains Polyclinic and General Hospital from 02 February 2002 through 08 June 2008. During this period I accumulated 11436 hours of paid clinical Ultrasound Experience ... Trial Exhibit 54. [ 100 ] Dr. Bains responded by saying that it was his “business” what appeared on his letterhead. [ 101 ] Dr.

Bains wrote the Law School Admission Test in February of 2017. He received a score of 138, which falls within the tenth percentile, meaning that ninety percent of the test writers scored higher than did Dr. Bains. Dr. Bains could not get into a Canadian law school with that score. As a result, he started applying to law schools in the United Kingdom, as, he testified, the United Kingdom was his first choice. He did not explain to this Court why that was the case, given that Canadian law schools would have been far more cost- effective from his family’s perspective.

Nonetheless, he was accepted into the University of Southampton law programme, which was to commence in 2017. During his cross-examination, Dr. Bains confirmed that the tuition would be £16,000 per year, which was about $30,000 CAD. There were also living expenses. It was a two-year programme. To pay for this, Dr. Bains had to obtain student loans. As well, he had sold his truck for $37,000 CAD, and he had about $60,000 CAD in savings. Dr. Bains also testified that the Southampton law programme would allow him to work 20 hours per week. [ 102 ] Interestingly, Dr.

Bains testified that it was never his intention to work as a paid lawyer. He intended to do only pro bono work for his community. This was a curious statement since Dr. Bains was going to dedicate at least two years of study to obtain a non-paying degree, when he might have spent that time studying for his MCC Exam. [ 103 ] Counsel for the Defendants in the Adam Action reviewed Dr. Bains’s income tax returns with him: Trial Exhibits 59 and 117. Dr. Bains testified that his income tax returns are accurate.

The following show his line 150 income for each of the following years: 2009 $929 2010 $5,657 2011 -$23,972 2012 $31,808 2013 $48,890 2014 $6,876 2015 $9,638 2016 $9,832 2017 $6,345 [ 104 ] Some of this income was from the government through employment insurance, the child tax benefit, and WCB benefits. The year 2017 is interesting, as Dr. Bains was apparently discharged in good health on February 28, 2017. Dr. Bains testified that he worked between February 28, 2017, and March 10, 2017, when the Day Accident happened.

However, he continued to collect WCB benefits during this period, which he acknowledges, and during this interval Dr. Bains did not own a truck. [ 105 ] Counsel for the Adam Defendants then tried to question Dr. Bains concerning the taxes for PPPC. Throughout this questioning, Dr. Bains was argumentative and would not answer questions. This Court asked counsel to move on, as a result. [ 106 ] Counsel for the Adam Defendants reviewed with Dr. Bains his pharmacological history. Of interest to this Court is that Dr.

Bains was prescribed type 2 diabetes medication, anti-depressant, and anti-anxiety medication before the accidents. Dr. Bains was adamant that he was being weaned from the latter two at the time of the accidents. [ 107 ] On October 4, 2017, Dr. Bains had a disagreement with his then family physician, Dr. Toor. Dr. Bains denies that Dr. Toor told him that he could go back to work. There were contradictory statements in which Dr. Toor told Dr. Bains not to lift heavy objects, but that he could lift some objects, such that he could do some work. Dr.

Bains, however, did not have any confidence that he could lift any objects. Dr. Bains testified that Dr. Toor “did not have the confidence to limit [Dr. Bains’s] work.” Dr. Toor’s notes say that there was no neurological deficit, and he did not recommend that Dr. Bains have an MRI. Dr. Bains felt he needed an MRI, so he attended a new

doctor that day, which was Dr. Zulqurnain. [ 108 ] While in India, Dr. Bains took out two loans for about $40,000 CAD in 2005. By this time, he had been a physician for about seven years. His father-in-law guaranteed the loans, as “the bank required this.” Dr. Bains testified that the bank required each loan to be guaranteed. [ 109 ] Counsel for the Defendants in the Geary Action spent some time reviewing with Dr. Bains the requirements to become qualified to practice family medicine in Canada. In response to all questions, Dr.

Bains maintained that there was little point exploring his pathway to practise family medicine until he passed the MCC Exam. Dr. Bains, throughout his cross-examination, was adamant that but for the accidents, he would have been practising family medicine in Alberta. [ 110 ] Dr. Bains testified that he practiced medicine in India in 2016 and was always available for telemedicine between 2009-2017. He did not ask the Alberta College of Physicians and Surgeons whether this would meet its requirements, as he did not feel he could even approach the College until he passed the MCC Exam. Dr.

Bains was, however, confident that he would meet its requirements. [ 111 ] Counsel for the Defendants cross-examined Dr. Bains extensively on his physical abilities post-accidents. This Court will address this aspect of his cross-examination under the heading “Injuries,” below. B. Dr. Sahibereram Kaur [ 112 ] Dr. Bains’s wife, Sahibereram Kaur, provided her evidence to this Court. Much of her evidence is consistent with Dr. Bains’s evidence. Nonetheless, the Court will provide Dr. Kaur’s evidence insofar as this Court finds it helpful. [ 113 ] Dr. Kaur has known Dr. Bains for the last 23 years.

She met him and married him through an arranged marriage. Dr. Kaur holds a Bachelor of Science degree in medicine, specifically, modern and Ayurvedic or Indian herbal medicine. She can work as a physician in India. She completed her formal education in 1998, and she completed internships in all types of medicine following her graduation. Her family members are very well educated and all, except her mother, are educated in medical fields. Her mother is a retired school principal. [ 114 ] After they were married, she and Dr. Bains opened their own clinic. Dr. Kaur described Dr.

Bains as enthusiastic and ambitious, and their clinic as having a very good practice, with a variety of patients. The clinic was open every day, except Saturdays. They would do minor surgeries in their clinic. [ 115 ] They eventually opened a hospital that they called the Bains Nursing Home. Dr. Kaur worked mostly at this hospital, while Dr. Bains worked at both the Bains Nursing Home and the BPGH. Bains Nursing Home had a small operating theatre. It had outpatient and inpatient care, a pharmacy, laboratory, ultrasound, and dental clinic.

They performed minor surgeries and had ambulance services. [ 116 ] After Dr. Bains returned from Russia following his further surgery studies, they opened BPGH. It had a large operation theatre, private rooms, a general ward, pharmacy, x-ray facilities, and ultrasound. Both Dr. Bains and Dr. Kaur were trained to do ultrasound, but they could only do it on their own patients. They planned to obtain additional training so they could do ultrasound on other patients. Dr.

Kaur eventually received her additional training through the American Registry for Diagnostic Medical Sonography. [ 117 ] BPGH was open “24/7.” Outpatients could come to BPGH anytime, although they usually made appointments sometime during 9:00 a.m. and 8:00 p.m. Dr. Bains did most surgeries at night, after 2:00 a.m. BPGH had dentists attend twice per week. Endoscopy was also done twice per week. Dr. Bains and Dr. Kaur owned the dental chair, so the dentists would pay them a percentage of the amount the dentists collected from their patients. The pharmacy was open 24 hours. Dr. Bains managed BPGH and Dr.

Kaur would deal with emergencies. If she could not deal with a particular emergency, she would wake up Dr. Bains, as their residence was upstairs. BPGH was a very busy hospital and they tried to treat patients at reasonable prices. [ 118 ] Dr. Kaur does not know if they paid taxes in India, as Dr. Bains dealt with this. He also did the accountancy work. [ 119 ] In terms of Dr. Bains’s schedule, Dr. Kaur testified that Dr. Bains would leave for the Global clinic at 7:00 a.m. He would work there until he travelled to his government job.

In the evening, he would return to BPGH, where he would see the patients who wanted to see him. He would then deal with management matters and then go to sleep for a few hours. In the early morning hours, he would do his surgeries. Dr. Bains worked at the Global clinic not to make money, but to help those who could not afford medical care. [ 120 ] During this period, Dr. Kaur was also taking care of their daughters. However, she testified that their life was easier then, than it is now. They had houseworkers, workers at BPGH, and help with childcare. They had a good, luxurious life in India.

They were able to buy whatever they wanted. They had two cars, a motorcycle, and bikes. Now, they are living in poverty. They cannot afford to have workers in Canada. [ 121 ] Given their luxurious life in India, why did they move to Canada? Dr. Kaur testified that social factors drove their decision. The wealthy, such a doctors and politicians, faced dangers, such as kidnappings. There was also corruption and no social security. [ 122 ] Dr. Kaur described Dr. Bains’s family as being hardworking, honest, affectionate, and welcoming. They were well respected in their area. [ 123 ] Dr.

Bains had a good memory before the accidents. His memory has now faded. Dr. Kaur testified that the “accidents have changed his life.” [ 124 ] They arrived in Canada around Halloween in 2009. Dr. Kaur arrived on a skilled worker visa, but she could find no work as a skilled worker, so she started working at Dollarama. She then went on maternity leave for one-year. Although she took many on-line courses, she could not work, as she had to stay at home to take care of their children. Dr. Bains was on the road as a truck driver.

[ 125 ] They came to Canada with $20,000, which they made by selling their dental chair and equipment, as well as their gold, silver, and jewelry. They also borrowed some of the money from a friend, which they paid back. [ 126 ] Dr. Bains started working in factory/warehouse jobs, as well as at Dollarama. He was also a security guard, before he secured employment as a truck driver. However, there was never a period before 2017 that Dr. Bains said he would not become a Canadian doctor. He had to continue to work to support his family, so he did not have time to study for the MCC Exam.

In fact, he became a trucker only to earn money so he could have time to study. [ 127 ] In 2011, the family moved from Ottawa to Wadena, Saskatchewan. Dr. Kaur provided the same description as did Dr. Bains concerning their experience in Wadena. At this time, Dr. Kaur was not happy living in Canada. She wanted to go back to India. They moved to Surrey, British Columbia. Dr. Bains continued truck driving. He eventually bought his own truck with cash, and he began driving as an owner-operator. But Dr. Bains wanted to be a Canadian doctor. He went into anxiety. As Dr.

Kaur said, “the money was good, but not good for [Dr. Bains’s] self.” [ 128 ] In 2012, they returned to Wadena to retrieve their belongings from the building they had purchased. On the way back to Surrey, they stayed with Dr. Kaur’s cousin in Calgary. Her cousin told them that they were not going back to Surrey as Calgary had a better environment for their family. They decided to relocate to Calgary, which they did in 2013. This was their last move. [ 129 ] Dr. Bains continued driving trucks. He was happy and in good health. At the end of 2013, Dr. Bains went back to India to practice medicine.

He came back near the end of January 2014, after refreshing his medical skills. By this time, Dr. Kaur had become qualified to be a Canadian health care aid. [ 130 ] Dr. Bains returned to trucking in February of 2014. He formed PPPC, which had the business of a driver/owner-operator. The owner-operator does his own dispatching. Dr. Bains drove to and from the United States. His trailer was a “reefer” trailer in which he transported perishable items. “Reefer” loads pay more than dry loads. [ 131 ] In January of 2015, Dr. Bains had accident with his truck in Cranbrook, British Columbia.

He was going to the United States when his truck slipped on black ice and rolled over. Dr. Bains was not injured, but the truck and the trailer were destroyed. Within one or two months of physiotherapy, he was fine, so he bought a new truck and trailer from Saskatchewan. He then worked for the rest of 2015. He was making good money. His goal was to save money so he could write the MCC Exam in 2016. [ 132 ] Near the end of 2015, Dr. Bains went back to India to refresh his medical skills. He came back to Calgary in January or February of 2016.

While in India he lived in the BPGH building, painted it, and fixed tiles. Dr. Bains’s and Dr. Kaur’s intention was to go back to India and practice medicine. Currently, the building is locked-up, but they are getting offers for it every day. [ 133 ] Dr. Bains wrote the MCC Exam in 2016, but he was not successful. He continued truck driving in 2016. In November or December, he had a fall from his truck, so he collected WCB benefits. During this time, Dr. Bains told Dr.

Kaur that he wanted to become a lawyer to help people who had legal problems but could not go to court because they do not know the language and they could not pay the lawyers. Dr. Kaur was surprised. During this period, he would continue to study for his MCC Exam. [ 134 ] On February 28, 2017, Dr. Bains was “discharged” from WCB benefits, as he was in good health. Despite this, he sold his truck as the family needed the money for his legal studies. In February of 2017, Dr. Bains returned to Wadena to demolish the building. He was going to be going to the United Kingdom to study law in September of 2017. Dr.

Bains received his visa and secured the money for his legal studies. [ 135 ] On April 8, 2017, he was going to write an English examination for York University. On his way to write the examination Dr. Bains was involved in the Adam Accident. [ 136 ] Dr. Kaur then provided this Court with her perceptions of Dr. Bains’s medical and health condition during this period. This Court puts no weight on this evidence, as Dr. Kaur was not Dr. Bains’s physician, and this Court did not qualify her as an expert. Her observations were nothing more than that. [ 137 ] She also provided this Court with evidence concerning Dr.

Bains’s income while he was driving truck. However, his income tax returns speak for themselves. [ 138 ] PPPC has now ceased operating. It was dissolved in 2022, after Dr. Zulqurnain diagnosed Dr. Bains as being permanently disabled: Trial Exhibit 87. [ 139 ] Dr. Kaur made an interesting comment that Dr. Bains was intending to write the MCC Exam while he was studying law in the UK. She then went on to say that he would only try the MCC Exam one more time. If he failed, the family would return to India to run BPGH. [ 140 ] Dr. Kaur provided this Court with her evidence on what occurred after the Geary Accident.

She was still in India. She testified that after Dr. Bains called her, her father called his friends to help Dr. Bains. The friends were in Calgary on visitor visas. In the morning one person was free, so that person took Bains to see Dr. Toor. Two or three persons came in the afternoon and then in the evening they came with their families. World of Bainsino, one the Bains’s family companies, prepared an invoice for $890 which covered a gift to the friends who came to help Dr. Bains. This invoice was made an exhibit: Trial Exhibit 108. [ 141 ] In 2020, Dr. Zulqarnian declared Dr. Bains to be disabled. Dr.

Kaur testified that their family was shocked by this news. They were struggling in Canada, and they wanted Dr. Bains to be a doctor, or a lawyer, or a sonographer, or a real estate agent. But now, he could do nothing. This ruined many of their plans. Although Dr. Bains was receiving assured income for the severely handicapped, he was not happy. He did not want to be disabled. [ 142 ] During her cross-examination, Dr. Kaur testified that Dr. Bains wrote the MCC Exam on May 19, 2016. This was his only

attempt. In years leading up to the examination, Dr. Bains worked three to four months as a trucker and the rest of the time he spent studying. By the time he wrote the MCC Exam he felt ready to write it. Dr. Kaur had faith in him. [ 143 ] As for his intention of earning a law degree, Dr. Kaur confirmed that Dr. Bains would pay for this through the sale of his truck and a student loan. As well, he could work 30 hours per week as a taxi driver or a truck driver while studying law in the United Kingdom. As for his passion of becoming a Canadian physician, Dr.

Kaur testified that he could study two things at one time, namely for his MCC Exam and for his law programme. As she testified, “This was his choice.” [ 144 ] Counsel for the Defendants in the Day Action cross-examined Dr. Kaur on two statements of claim in which she is named as a plaintiff. One involved the temple incident. Another is a separate action involving the matters before this Court. With respect to the temple incident, Dr. Kaur testified that both she and Dr. Bains drafted it. As for the other action, she testified that she drafted 60% of it and Dr.

Bains drafted 40% of it. [ 145 ] Counsel for the Defendants in the Adam Action was curious as to why Dr. Bains demolished the Wadena building. Dr. Kaur explained that they did this because of “the behaviour of the people.” As well, people were not buying stores and they did not want to continue paying taxes and repairs on the building. [ 146 ] She was next questioned on an invoice issued to Dr. Bains by “SAHIB’s massage, naturopathy, and Health Care Aids” for $840: Trial Exhibit 108. Dr. Kaur testified that she had prepared this. She had called her friend to massage Dr. Bains.

The location of the massage was her cousin’s house. There was nowhere else to do the massage, so it was done in the basement of this house. The invoice was prepared for insurance purposes. Dr. Kaur paid her friend for the massage, and PPPC issued an invoice. [ 147 ] PPPC issued an invoice to Dr. Bains for $260 for a car wash. Dr. Bains had hired people to do the car wash. PPPC also issued an invoice for yard work for $1,440: Trial Exhibit 108. Dr. Kaur testified that these invoices were prepared for insurance purposes. [ 148 ] Counsel cross-examined Dr. Kaur on Dr. Bains’s working hours in India. Dr.

Kaur testified that he worked at the Global clinic in the morning from 7:00 a.m. to 9:00 a.m. Then from 9:00 a.m. to 2:00 p.m. he worked as a government health officer. From 2:00 p.m. to 4:00 p.m. he again worked at the Global clinic. Then from 4:00 p.m. to 6:00 p.m. he worked at BPGH. He did surgeries in the early morning. The Global clinic is about one-hour away from BPGH. [ 149 ] Dr. Bains provided evidence intending to show that he was looking for work as a truck driver: Trial Exhibit 122. There are applications dated March 15, 2017, and March 16, 2017. This was 5 or 6 days after the Day Accident.

Counsel questioned Dr. Kaur on why Dr. Bains waited 17 days after he was “cleared” by WCB to look for work. Dr. Kaur responded that “he was busy with other stuff.” [ 150 ] Dr. Kaur was then questioned why he sold the truck six months before going to the University of Southampton. She responded that he would have to pay to park the truck. She was then asked why not drive; he could make money? Her response was that “Money is not everything.” [ 151 ] Counsel for Defendants in the Geary Action confirmed with Dr.

Kaur that she was in India on the day of the Geary Accident, and that she has only seen pictures of the scene. Any other information she received from Dr. Bains. Further, she was not in Calgary when the friends came over to be with Dr. Bains. [ 152 ] As for the $890 invoice, this was done in Dr. Bains’s handwriting: Trial Exhibit 108. He wrote the description of the service. She was not in Calgary on those two days. The invoice says nothing about Dr. Bains’s care. Dr. Bains told Dr. Kaur that it took two days to find Mr. Geary. But he also told her that he had spoken to Mr.

Geary at 11:00 a.m. on the day of the accident. C. Baljinder Narwal [ 153 ] Dr. Bains produced Baljinder Narwal as one of his witnesses. Mr. Narwal is an owner-operator truck driver. Mr. Narwal owns his own truck but does not own his own trailer or the loads he transports. He subcontracts with Canadian National Railway , which pays for his storage and dispatch. Mr. Narwal pays for his own fuel, but he receives a subsidy from Canadian National Railway. [ 154 ] Between 2000 and 2006, Mr. Narwal was a long-haul truck driver. He hauled between Canada and the United States. He team- drove with his father.

The truck ran 24 hours per day. They would get paid by mileage. They only paid for fuel but received a subsidy for their fuel payments. His net income varied depending on the mileage, but usually it was $22,000 per month, which was split between Mr. Narwal and his father. [ 155 ] Mr. Narwal is related to Dr. Kaur, and he is a friend of Dr. Bains. D. Dr. Shamaila Zulqurnain [ 156 ] Dr. Shamaila Zulqurnain was and continues to be Dr. Bains’s family physician. Very early in these proceedings, Dr. Bains advised this Court that he did not intend to call Dr. Zulqurnain as his expert.

Rather, he intended to call her as a lay witness. He did not file a Form 25 or her curriculum vitae . On the eve of Dr. Bains calling her as a witness, there was discussion about exactly to what she could testify. Because of this, this Court entered a voir dire to hear the parties’ arguments. This Court heard their arguments over a period of hours and adjourned the proceedings to consider them. This Court rendered an oral decision later that afternoon.

To allow these reasons to have a record of this Court’s ruling, it attaches a copy of its oral reasons as Appendix “A.” The only change from its delivery of its oral reasons is the inclusion of citations for the cases to which the oral reasons referred, along with pinpoint locations of the quotations. [ 157 ] Not surprisingly, the presentation of Dr. Zulqurnain’s evidence was awkward. Throughout, Dr. Bains sought her opinions on various matters, to which defence counsel objected and argument ensued. As well, Dr. Bains continually interrupted cross-examination.

As a result, this Court had to excuse him from the courtroom so it could obtain Dr. Zulqurnain’s uninterrupted testimony. At times, this Court stood in Dr. Bains’s stead while he was out of the courtroom and objected to certain questions that defence counsel posed. What follows is Dr. Zulqurnain’s testimony. [ 158 ] Dr. Zulqurnain is a family physician licensed to practice medicine in Alberta. She has been in family practice since February of 2015. She has about 2,500 patients and sees between 15 and 20 patients per year who have been involved in motor vehicle accidents. [ 159 ] Dr.

Zulqurnain has a Bachelor of Medicine and a Bachelor of Surgery from Pakistan. She graduated in 1998. She came to Canada in 2009, and to Alberta in 2012. She was on a limited practice register in 2011 as a clinical assistant. The other requirements she had to meet included that she had to be a resident of Canada, have a medical degree from recognized university, write the two-part MCC Exam, and be proficient in the English language. [ 160 ] She worked for Alberta Health Services as an assistant physician for two years then went back to Pakistan for more training.

She wrote three examinations between 2009 and 2013, and she successfully wrote her MCC Exam in 2013. Dr. Zulqurnain had a practice assessment in 2014 and had to complete a two-part clinical competence assessment. She was then placed on a provisional register in February of 2015, before she could write her final exam. She remained on this register until December of 2018, when she was placed on the general register. Once on the general register, she was able to open an independent general practice. Two years after practicing, she received her Certification in the College of Family Physicians.

All of this shows that simply passing the MCC Exam was not sufficient to become a physician in Alberta. [ 161 ] Dr. Zulqurnain first met Dr. Bains on October 1, 2017, and her first consultation with him was on October 4, 2017. After this, she asked Dr. Toor, Dr. Bains’s previous family physician, for Dr. Bains’s medical records. Those records arrived at Dr. Zulqurnain’s clinic about two or three weeks later. Dr. Toor’s chart indicated that Dr. Bains was injured in November of 2016, which resulted in a WCB claim. His injuries included an injury to his right shoulder, right hip, and neck pain. Dr.

Zulqurnain testified that this is consistent with what Dr. Bains had told her. [ 162 ] She was aware that Dr. Bains’s accidents occurred on March 3, 2017, April 8, 2017, and May 30, 2017. After physically checking Dr. Bains, she wrote that Dr. Bains had chronic back pain that extends beyond thirty minutes, which manifests in his gait. He has pain in his lower back with leg numbness. There was no MRI or x-ray to confirm these issues. [ 163 ] Dr. Bains had mental health issues before 2017. He suffered anxiety and depression in May of 2014, for which he was prescribed low dose anti-depression medication. Dr.

Bains was not on any anti-psychotic medication until Dr. Zulqurnain started treating him. Based on Dr. Toor’s notes, Dr. Bains was being weaned off these medications by 2016. [ 164 ] Dr. Zulqurnain ordered an MRI for Dr. Bains’s back, started him on stronger analgesics, and prescribed physiotherapy for his back. [ 165 ] Dr. Bains also complained of dizziness or lightheadedness and hearing loss. He was not responding to “serc” medication, which is anti-dizziness medication. Dr. Zulqurnain was concerned about intracranial hypertension, so she sent Dr.

Bains to a neurologist and concussion clinic, which ordered an MRI. Dr. Zulqurnain also sent him for an eye examination. She started Dr. Bains on medication to deal with his vision and dizziness problems. She also sent him to an ear, nose, and throat specialist, from whom he eventually got a hearing aid, that was covered as a

schedule B expense. [ 166 ] The neurologist would also assist Dr. Bains with his reported confusion, blackouts, concentration, personality changes, physical imbalance, sleep, and insomnia issues. [ 167 ] Dr. Bains was also complaining about serious headaches. Dr. Zulqurnain prescribed Botox injections as he was not responding to other treatments for his headaches. Botox is standard treatment for these types of headaches. Dr. Bains would need them every three or four months. [ 168 ] Dr. Bains also complained about psychological issues, including post-traumatic stress disor

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