In the personal injury case of Sharma v. Sagoo (2024 BCCA 319), the claimant appealed the trial judge’s award for various heads of damages, including the cost of future care. The trial judge had awarded $6,600 for future care, a figure that included reduced amounts for treatments such as physiotherapy, massage therapy, custom orthotics, and…
In the personal injury case of Reaume v. Rossetto, 2024 BCSC 1430, the Supreme Court of British Columbia awarded double costs the a successful claimant. The claimant was awarded $1,021,953 in damages for personal injuries sustained in a motor vehicle accident. Subsequently, she sought double costs from the defendants under Rule 9‑1(4) of the Supreme…
In the personal injury case Kherani v. Da Silva, 2024 BCSC 1349 the claimant sought damages for personal injuries arising from a 2017 motor vehicle accident. The collision affected her ability to work as an ophthalmic surgeon, leading to a significant loss of income-earning capacity. This case summary focuses on the plaintiff’s loss of earnings…
In the personal injury appeal of Takhar v. Insurance Corporation of British Columbia, 2024 BCCA 275, the appellant sought an award for injuries sustained in a motor vehicle accident. The appellant was sideswiped by an unidentified vehicle while driving. Since the other driver could not be identified, he named the Insurance Corporation of British Columbia…
ICBC claimed bias of the trial judge in the following ICBC injury case. The Court of Appeal disagreed with ICBC, BC’s auto insurance monopoly. In particular ICBC claimed, without success that it was unfair that the judge: Expressed cynicism about the legislature’s motives in limiting the number of expert reports that can be commissioned; Commented…
In the personal injury case of Forstved v. Kokabi, 2018 BCSC 111, the Supreme Court addressed three late applications seeking additional document production . The plaintiff, suffered a traumatic brain injury from a 2012 car accident which impaired his business competency and ability to earn income. The defendants requested numerous documents related to his past…
This claimant was injured in a pedestrian-vehicle collision at an unmarked crosswalk at the intersection of Harwood Street and Thurlow Street in Vancouver. The injury claimant sustained significant injuries, profoundly impacting her quality of life. Liability and damages are both in issue, with ICBC proposing a 65-35 fault apportionment favoring the claimant, while the claimant…
This Court of Appeal personal injury case, Ferrill v. Cockburn, involved an accident at an uncontrolled intersection. The appellant was driving a vehicle and attempted a left turn when he collided with the respondent, who was riding a motorcycle at an excessive speed. The jury at trial apportioned liability equally between both parties. The appellants…
In this personal injury appeal, the Court of Appeal addressed the quantum of damages for past and future loss of income arising from a motor vehicle accident (Tigas v. Close, 2024 BCCA 223). The injury claimant alleged a loss of over $3 million at trial and was only awarded under $500,000. The appellants contested the…
The primary issue in this personal injury appeal was the trial judge’s finding of causation for damages awarded to the claimant following a motor vehicle accident. The case was heard before the Honourable Justices Stromberg-Stein, Voith, and Skolrood. The appellants sought to overturn the damages awarded, arguing that the trial judge made a palpable and…