B.C. Supreme Court judge awards dominatrix $1.5 million

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      A daughter and mother who suffered injuries in an August 2008 motor-vehicle accident were awarded nearly $2.5 million in damages in a court ruling released earlier this month.

      The daughter, Alissa Afonina, received a judgement of $1.53 million after Justice Joel Groves concluded that on the balance of probabilities, she suffered a "moderate brain injury".

      In his written decision, the judge stated that facts support arguments that Alissa's decision to work as a dominatrix was a manifestation of her injury.

      Her mother Alla was awarded $943,889.36. Her former boyfriend Peter Jansson was held liable for the accident on Highway 1 between Salmon Arm and Tappen.

      Groves wrote that prior to the accident, Alissa was in some ways a typical student. The judge noted that he was impressed by a former teacher's testimony that she was in the top two percent in her level of engagement with assignments and activities.

      At the same time, Groves stated that she had "quirks" to her personality, being a goth girl who challenged societal norms.

      After the accident, she started to work as a dominatrix, which her lawyer argued was evidence of a "lack of correct thinking" and demonstrated that she was "prepared to engage in risky activities for money".

      "Had it not been for the brain injury caused by the accident, I conclude that there is a real and substantial possibility that Alissa would have completed a college or university certificate program of approximately two years," Groves wrote. "This would likely have been in a field related to media arts and she would likely have been able to earn income consistent with that level of training in that area of activity."

      Because of the accident, the judge concluded that she could only work 12 to 15 hours per week at a minimum-wage job or something close to that. In addition to the loss of income and special damages of $23,541.77, the cost of her future care was pegged at $376,863.

      According to the ruling, Groves was "satisfied on a balance of probabilities that Alissa has suffered a moderate traumatic brain injury as a result of the accident and that her current difficulties are the result of that moderate traumatic brain injury".

      Alissa's mother Alla was a chemical engineer from Russia who moved to Canada in 2002 with her daughter and a son. Alla worked on a series of contracts with B.C. Housing, but her employment was not renewed after the accident.

      "What is striking here is that Alla showed all the signs of being a hardworking new resident in Canada who was prepared, prior to the accident, to take courses and to work hard to succeed as a new Canadian," Groves wrote. "Prior to the accident, she clearly had an ability to do basic mathematics and grammar in that she successfully completed a Business Diploma program at CDI College and she completed a number of courses at Royal Roads University, working towards an Executive MBA degree." 

      After the accident, she couldn't pass a clerk-level basic arithmetic, grammar, and punctuation exam.

      "I am satisfied that this loss of ability is directly related to the accident," Groves wrote.

      Comments

      11 Comments

      Dude

      Jan 28, 2015 at 8:11pm

      I want to become a Dominatrix if I can get a judgement of $1.5 Million from ICBC.

      Can a man be a Dominatrix? I not well versed in this, consider me a Dominatrix Virgin.

      Goth Guy

      Jan 28, 2015 at 8:13pm

      I don't buy it. Plenty of quirky people who challenge society's norms become dominatrixes, but not because of brain damage.

      She just took

      Really?

      Jan 28, 2015 at 10:26pm

      Men engage in risky activities all of the time to make a paycheque. Is being a police officer or fireman evidence of brain damage? Well, OK, maybe the Judge is onto something.

      1.5 million

      Jan 29, 2015 at 12:53am

      no thanks Dude.
      There is no money in the world can would make me change places with a person with a brain injury.

      out at night

      Jan 29, 2015 at 8:11am

      It isn't that uncommon for brain injuries to both reduce cognitive abilities and bring about personality or judgment problems. I'm quite sure the judge made this decision with some good medical testimony and didn't just start riffing and guessing on the whole brain injury thing.

      Some of the dumb-ass comments above are missing an important piece: she had a brain injury!! Being a cop is risky yes, but if you joined the force because you are literally brain-damaged then sure, sue away!

      Janice Vian

      Jan 29, 2015 at 10:53am

      The article says that the daughter sustained brain damage, and that this led to high risk behavior, but nothing was said about what caused the mother's obviously severe loss of capacity. Of course, they could both have sustained brain damage, as such injuries are common in vehicle accidents. Pretty serious losses for the mother. This award was not just in relation to the daughter's injuries.

      $300~hour

      Jan 29, 2015 at 4:56pm

      seems she made a great financial desion! at $300hr, hmm! no taxes there?? doesn't tend to lead a person to believe poor judgement anywhere! she played everybody???

      ACMESalesRep

      Jan 29, 2015 at 7:29pm

      “After the accident, she started to work as a dominatrix, which her lawyer argued was evidence of a ‘lack of correct thinking’…”

      I'm sure there are many very successful dominatrices who would argue otherwise.

      Armchair critic

      Jan 30, 2015 at 11:25am

      An interesting ruling. I think what the Master Justice was stating in his Reasons was that the young woman's capacity to pursue her education and future employment opportunities was entirely compromised by the nature of her brain injuries. Same with the mother.

      I understand the young woman's lawyer's argument, but I think it does have the effect of continuing the stigmatization of those who choose what can be considered an unconventional occupation, in this case, being a dominatrix.

      If you have never had a traumautic brain injury, or you do not know someone who has, then you have no credibility to speak to the personal, employment and educational impacts. It changes people and their lives forever in the most tragic of ways and people often live in despair and suffering after these injuries.

      I think a missed point in all of this is that ICBC's poor decision-making has cost taxpayers hundreds of thousands, if not millions of dollars (legal fees/costs, and now these awards) taking this to court instead of doing the decent and correct thing, settling in mediation.

      Perhaps the Straight could do some investigative journalism into the increasing propensity of ICBC to starve people out and drag cases out for years taking cases to court that should be fairly settled. The impact on all of us is ICBC is raising rates for everyone due to their lack of accountability and prudence in managing personal injury cases.

      Shon Togan

      Jan 30, 2015 at 6:01pm

      Plot Twist: Her safe word is "Doh!"