In the last part of our recent Wrongful Death series, we discuss compensation for the loss of love, care and companionship for surviving family members. The Family Compensation Act creates a statutory cause of action for wrongful death claims and compensation available. It does not, however, clearly define the type of damages that are available.…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Simpson v. Tiechrieb 2021 BCSC 2010, the 18 year-old injured claimant was severely and savagely beaten with a baseball bat by the defendant after he stumbled into his yard in the early morning hours after a high school graduation…
Medical malpractice claims and dental malpractice claims are the same. The only difference is that dental malpractice refers specifically to negligence on behalf of dental professionals including dentists, dental assistants, orthodontists and oral surgeons. In Warlow v. Dr. Sadeghi 2019 BCSC 463, the injured claimant suffered permanent and debilitating nerve pain when her dentist injured…
Parmar v. Rink 2019 BCSC 1626 is a pedestrian crosswalk case. In this case, the motor vehicle accident occurred in a marked crosswalk in a rural area. The injured claimant, who was wearing dark clothing, was walking with her two children. It was the early evening and it was dark out. The roads were wet…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed by Canadian Lawyer Magazine about an ICBC case involving an injured claimant who suffered severe PTSD. Ms. Small originally wrote a blog article on this ICBC PTSD claim which proceeded to trial. In that ICBC case, the injured claimant was…
ICBC uses surveillance to investigate injured claimants and ICBC injury claims. Typically, ICBC uses surveillance when the ICBC adjuster is suspicious about the true nature and extent of the injuries claimed. It is also used when ICBC questions whether injured claimants are truly unable to work due to their injuries. When ICBC wants to conduct…
In our previous blog post about ICBC Wrongful Death Claims and Medical Malpractice Wrongful Death Claims, we focused on the Family Compensation Act that governs these types of claims. In this article, we focus on Wrongful Death claims that have proceeded to trial. In Roberts v Morgan, 2019 BCSC 2313, the surviving spouse and son of…
As discussed in previous blog posts, there are certain requirements that must be met for ICBC hit and run claims. If these steps are not taken, then ICBC can rely on a statutory defence to dismiss the claim entirely. Section 24 of the Insurance Vehicle Act sets out the legal basis for an ICBC hit…
When a death is caused by a motor vehicle accident or medical malpractice, there is a potential claim for Wrongful Death. This is part 1 of a 3 part series about Wrongful Death claims in BC. This 1st blog post will focus on the legislation (statute) governing Wrongful Death claims. The 2nd will focus on…
In a recent ICBC case that proceeded to trial, our client was awarded $225,000 for past and future ICBC loss of housekeeping capacity which was one of the highest awards ever made in this province. Other cases where substantial awards for loss of housekeeping capacity are as follows: $570,000 Xu v Balaski, 2020 BCSC 940: …
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