The train conductor was negligent for colliding with a van because he failed to notice that the signal lights had not been flashing before the train entered the crossing. The claimant was seriously injured in the accident and had no memory of the events. The claimant pleaded guilty to a charge under s. 144 of the Motor Vehicle…
Talk to anyone affected by injury caps and they will tell you their quality of life has significantly decreased because they have no access to legal advice or recommendations for adequate care and treatment. When a person has been injured thru no fault of their own, our law has always allowed an innocent victim to be put back financially…
The importance of having a lawyer to assist litigants in Supreme Court as been reaffirmed by the Court of Appeal. In this barking dog nuisance case the appellant had up to 80 dogs on her property as part of a dog rescue business. Neighbours complained and the court ordered a permanent prohibitive injunction including limiting the…
In this car accident personal injury case the claim for past loss of earning capacity was dismissed as speculative. Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed the appeal. (Rousta v. MacKay,2018 BCCA 29). The ICBC claimant was driving on Taylor Way…
This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…
In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”. He…
Ms. Joan Gadsby, sole shareholder of Seaview Villa Estates Ltd., provided a covenant in respect of a mortgage. Joan Gadsby defaulted under the mortgage and foreclosure proceedings were commenced against Ms. Joan Gadsby and her company. She never honoured the required payments and an order nisi of approximately $1,000,000 was granted and the property sold. (Gadsby…
Making an settlement offer agreeing to agree is unenforceable. Likewise if ICBC makes an offer to settle which is an agreement to agree then this offer is not a true offer to settle. In a pithy statement on the power of the Court to enforce out of court settlement agreements, the Court of Appeal had…
The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…
In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events. Therefore an ICBC injury claimant is not required to prove these hypothetical events on a balance of probabilities when claiming loss of past opportunity to earn.(De Groot…