The personal injury claim involved a motor vehicle accident in which the defendant denied liability. The injury claimant alleges various soft tissue injuries and neurological or psychological injuries and was seen by one doctor for the defendant. The defendant was denied a request for a second medical examination.(Tran v. Abbott, 2018 BCCA 154) In allowing the…
The claimant was operating his motorcycle on Highway 1 when he entered an off-ramp at exit 44 in the City of Coquitlam. The claimant alleges that as he entered the off-ramp, the front tire of his motorcycle struck the edge of a bridge deck on the ramp that was raised above the level of the…
The new NDP injury cap legislation degrades chronic psychiatric conditions to “minor injuries” and leaves claimants without a legal advocate. This change tramples on individual rights and its only aim is saving ICBC from elimination. The vulnerable, the innocent that develop chronic illnesses due to car accidents will be offered a maximum one time payment of…
This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the standard of care in not locating and repairing the sign before the incident. The injury…
This husband and wife suffered brain injuries from carbon monoxide (“CO”) emissions when maintenance of their living room fireplace was negligently performed. The fireplace had been removed and later reinstalled and serviced by the defendant heating company (Edwards v. Parkinson’s Heating Ltd.,2018 BCSC 593). The wife was awarded $50,000 and the husband $200,000 for the pain, suffering and…
Can a claim to ICBC be made online? Claimants can make an ICBC dial a claim, a written report, or have a legal advocate report the accident. Importantly however, car accidents that result in personal injury cannot currently be reported to ICBC online. The Insurance Motor Vehicle Act regulations require a written report within 30…
This slip and fall claimant was awarded $175,000 for the pain and suffering arising out of a brain injury. The claimant sought damages under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) for injuries suffered in a slip and fall that took place at the Real Canadian Superstore located at 333 Seymour Boulevard, North Vancouver, British Columbia. The…
This injury claimant was awarded more than $1.2 million after suffering a traumatic brain injury. He was driving from Kelowna to Vernon when his truck was side-swiped, forced into oncoming traffic and collided with a city bus. The paramedics found the claimant conscious but confused and disoriented. He had an obvious bump on his head. He was not oriented…
It is not enough for ICBC to simply plead a pre-existing condition in order to obtain a claimant’s medical history after a car accident. The obligation is still on the defendant, ICBC, to make the case in the evidence. Even with a prior auto accident, if the claimant recovered to normal function before the car accident in question,…
The court has made it clear, where there is a blatant breach of a settlement agreement, a punitive damages award is appropriate in addition to the other awards. In this case the court was satisfied that an award of punitive damages in the amount of $50,000 was an appropriate amount. In ICBC settlements the same principles…
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