Vancouver Medical Malpractice Lawyer – Proving Negligence from Delayed Diagnosis and Failure to Treat

In all medical malpractice claims, the injured claimant has the burden of proving that the doctor was negligent.  This involves proving on the balance of probabilities that that the doctor owed a duty of care to his/her patient, that the doctor failed to meet the standard of care expected of him/her and that this negligence…

ICBC at Trial – Judge Punishes ICBC for Forcing Injured Claimant to Trial with Low Settlement Offer

In the past year, there have been an unusual number of ICBC cases that have proceeded to trial.  As a result, an incredible number of trials have been postponed in the British Columbia Supreme Court as a result.  This is devastating to injured claimants who had been waiting years to resolve their claims and who…

ICBC Compensation for Loss of Housekeeping Capacity – Pecuniary versus Non-Pecuniary Awards

*written by Vic Maan, associate with Holness and Small Law Group In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of…

ICBC Accelerated Depreciation – Is Your Vehicle Worth Less Now Because of a Motor Vehicle Accident?

If your vehicle has been damaged and the cost of repairs is more than $2,000.00 as a result of a motor vehicle accident, then if you choose to sell this vehicle you must declare the accident to the prospective buyer.  A damaged/repaired vehicle is considered less valuable with a lower resale value. If your vehicle…

ICBC Lawyer – What Is Your ICBC Claim Worth – Recent ICBC Trial Awards for Non-Disabling Soft Tissue Injuries

For ICBC claims, there are various type of damages that may be claimed including: Non-pecuniary damages also known as damages for pain and suffering Past wage loss for net income loss from the date of the motor vehicle accident until settlement or trial Future wage loss or future loss of earning capacity for anticipated future…

Vancouver Medical Malpractice Lawyer – Doctor Negligent on the Issue of Informed Consent

As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk.  Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not…

Blaming the Victim for Declining Surgery – Can ICBC Argue Failure to Mitigate to Reduce Compensation?

As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents.  In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses.  In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…

ICBC at Trial – $100,000.00 Awarded for Permanent Neck, Back and Shoulder Pain

In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …

ICBC Re-Victimizing Injured Claimants After Trial – Section 83 Deductions – Part 2

*written by Vic Maan, associate at Holness and Small Law Group In a previous blog post on ICBC claims, we discussed how ICBC under s. 83 of the Insurance (Vehicle) Act re-victimizes injured claimants who have gone to trial and won an award. In that article, we discussed the case of Aarts-Chinyanta v Harmony Premium…

Vancouver ICBC Lawyer – New ICBC No Fault Insurance Explained – What is No Fault?

The NDP have quietly passed a new law that will dramatically change ICBC and the rights of the injured.  The new change to ICBC is No Fault Insurance.  The NDP and ICBC are doing their best not to call it No Fault Insurance and instead are labeling it “Enhanced Care Coverage” in a likely effort…