This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common…
Life saving surgeons and medical practitioners assist the court with informed opinions in medical malpractice cases. However, the government has imposed limits on the number of expert and expert reports permitted. Therefore after February 1, 2020 medical malpractice cases will have new challenges. Many medical procedures are beyond the courts understanding. Educating the judge is…
The 2019 changes to ICBC benefits not only affect car accidents after April 1, 2019 but also all accidents before April 1, 2019. These changes affect claims in different ways. Ask your ICBC adjuster to explain in writing how the changes to ICBC affect your claim for ICBC benefits. Take time to read and understand…
Canadians are starting to purchase vehicles that claim to reduce the burden of driving. Tesla claims to be selling, for example, vehicles with “full self-driving capability”. In addition, Tesla claims the Model 3 will recognize and respond to traffic lights and stop signs providing automatic driving on city streets. In the small print Tesla, However,…
Being sued unfairly for expressions in the public interest costs thousands of dollars. Improper or bad faith lawsuits meant to bully, torment and terrify can result in serious mental injury. Stop the lawsuits immediately with an innovative court application for Protection of Public Participation ( 3P Application). Before learning how to stop your unfair lawsuit…
Injured while shopping in a grocery store or retail store can be embarrassing. However, slip and fall injuries can lead to serious life long disabilities. These cases often require handcrafted injury settlements, given the unique facts. Notwithstanding, there are three elements required to attain successful settlement of an injury claim against a store. Proving Duty…
What is informed consent? In negligence, informed consent is essentially a duty of disclosure. A doctor meeting the right standard can still be found negligent if they don’t properly disclose the risks of treatment to the patient. Negligence versus Battery Lack of patient consent engages both the tort of negligence and the tort of battery.…
ICBC cannot rewrite history. Unpopular for treatment of minor injury claims in the 1990’s and 2000’s, ICBC has struggled to remain socially relevant in the last 10 years. The ICBC policies caused more grief to the injured than savings to the corporation. How does the NDP expect ICBC to implement these Minor Injury Regulations? Many…
ICBC will now focus on care not legal costs, but what does that mean? Starting April 1, 2019 ICBC is capping care costs for innocent car accident victims. Innocent motorists are therefore no longer able to claim the full cost for treatment after a car accident. As a result, necessary treatment costs above the treatment…
No, self-driving cars are not legal in British Columbia. There are no legislated standards for self-driving vehicle operation on our roads. British Columbia is therefore lacking in regulation, certification, and insurance for self-driving cars. State Run Auto Insurance- ICBC This is, in part, because we have a state controlled auto insurer, ICBC. Increasing single vehicle…
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