No-Fault Insurance and Wrongful Death Framework 2025 In April 2025, a vehicle-ramming attack at Vancouver’s Lapu Lapu Day Festival tragically killed 11 people and injured many others. The incident has brought attention to the limitations in compensation available to victims and their families. These limitations stem from two key aspects of British Columbia law: the…
Distinction Between Capital Asset and Earnings Approach In Lewis v. Gibeau, 2025 BCCA 127, the Court of Appeal addressed the trial judge’s error in applying the capital asset approach rather than the earnings approach to assess Ms. Lewis’s loss of earning capacity. The earnings approach is typically used when a plaintiff has a clear, established…
In this motor vehicle accident case, Gandha v. Beauchesne, 2025 BCCA 122, the claimant appealed a jury verdict that found the defendant not liable despite assessing $752,000 in losses. The collision occurred when the defendant rear-ended the claimant’s vehicle after she merged onto the highway from her driveway at a speed below the limit. The…
In this review of Padgham v. Ram, 2025 BCCA 100 I focus on the key legal issues applied by the Court of Appeal in this personal injury claim. Failure to Take Recommended Medication The claimant appealed a personal injury damages award arising from a 2016 motor vehicle accident caused by a TransLink bus. While the…
In Sudbury v. ICBC, 2025 BCCRT 176, the Civil Resolution Tribunal (CRT) adjudicated a dispute arising from a hit-and-run motor vehicle accident that occurred on November 5, 2020, in Burnaby. The applicant claimed that the unidentified driver was negligent and sought damages from the Insurance Corporation of British Columbia (ICBC) under the Insurance (Vehicle) Act…
In British Columbia, the Insurance (Vehicle) Act and the accompanying Minor Injury Regulation define a “minor injury” for motor vehicle accidents occurring between April 1, 2019, and May 1, 2021. This classification includes injuries such as sprains, strains, mild concussions, and certain psychological conditions that do not result in serious impairment or incapacity. For these…
This vehicle injury case arises from a motor vehicle accident on September 14, 2018, in which the plaintiff was struck from behind while traveling on Highway 1( Gill v. Gregory,2025 BCSC 352). Liability for the accident has been admitted. The plaintiff, a heavy-duty mechanic employed by Coast Mountain Bus Lines and Vancouver Port Authority, returned…
In today’s case, Thiessen v. Kepfer, 2025 BCSC 127 the Supreme Court ruled on cost awards following an ICBC personal injury trial. The plaintiff was awarded $1,224,699.74 in damages for injuries sustained in a motor vehicle accident which occurred in April, 2017. The key issue in this cost ruling was whether the plaintiff was entitled…
In MacFarlane v. Gustafson, 2024 BCCA 400, the injury claimant sought personal injury damages arising from a serious car accident injury. The claimant made a reasonable offer before trial which was rejected. One key matter concerned the trial judge’s decision to award double costs to the claimant under Rule 9-1(1)(c) of the Supreme Court Civil…
The Insurance Corporation of British Columbia (ICBC) plays a pivotal role in the province’s motor vehicle insurance landscape. Established in 1973, ICBC is not only the sole provider of basic auto insurance but also competes in the optional insurance market. While its mandate includes providing affordable insurance and promoting road safety, concerns have arisen over…
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