ICBC Medical Examinations Rare after the Expert Deadline

It is rare that the court will order any further medical examinations after the 84 expert deadline.  It was the court’s view in Falbo v. Ryan, 2015 BCSC 2452 that a physical examination was not necessary in order to provide a responsive report.  Master Harper said that, “These types of orders are discretionary. They ought…

Christmas Day Motorcycle Ride Limits ICBC Injury Claim

This Christmas story involves four motor vehicle accidents all occurring within 2.5 years.  In a previous accident the claimant also sustained a serious brain injury. To make it more jolly, between the third and fourth accidents in issue, he was involved in two additional accidents. (Lamb v. Fullerton, 2016 BCSC 1694) Claims were made for pain and suffering,…

Prima Facie Inference of Negligence Wins Appeal

This injury claimant was a passenger in a single vehicle accident. The car accident occurred on Stillwater Main Road, a gravel logging road which intersects Highway 101 near Powell River, British Columbia. As the claimant’s vehicle approached the intersection, the driver lost control, the vehicle fishtailed, went up onto an embankment, launched into the air and rolled…

Nurse Awarded $450,000 for Future Income Loss

This injury claimant was involved in 2 car accidents. In the first she was rear-ended by a cement truck. In the second accident she was in Victoria, on her way to the airport, when the taxi she was in was struck on the side by a minivan driven.(Lauriente v. Schoonhoven,2017 BCSC 2246) The claimant worked as an emergency…

Negligent Driver Denies Claimant in Car at time of Accident

The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time of the car accident despite admitting negligence (Brennan v. Colindres,2017 BCCA 413). The negligent driver testified…

Cap on Minor Injury Claims is Stealing from the Injured

The Attorney-General David Eby idea of a cap on the amount paid out by ICBC on minor auto injuries will be taking money from innocent victims of personal injury.  This defeats the original purpose of creating an ICBC, punishing innocent victims for ICBC’s financial mismanagement. One of the hallmarks of a free and democratic society is…

Shoulder Injury Caused by Car Accident Despite Delay

Following a car accident the resulting pain can be immediate but masked by other injuries for several days. The issue then becomes whether the car accident caused the injury given the symptoms may be reported several days or weeks after the car crash. In this personal injury case the claimant was travelling northbound on Highway 22 near Castlegar,…