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…
This was application to have the claimant attend a defence medical examination with a rheumatologist, Dr. Wade in relation to a car accident injury claim. There have been a number of expert reports tendered by the claimant, and two defence medical examinations done by agreement by Dr. Sovio, an orthopedic surgeon, and Dr. Dahi, a psychiatrist. The claimant provided most…
The Rear Ender: Mechanics of Whiplash Associated Disorder The neck acts as a stationary marker during an average rear end impact collision. When hit from behind by a car the spine and torso load the seat and the torso begins to accelerate. Significantly high shear forces develop in the neck and brain, the spinal curves straighten and the…
It is rare that the court will order any further medical examinations after the 84 expert deadline. It was the court’s view in Falbo v. Ryan, 2015 BCSC 2452 that a physical examination was not necessary in order to provide a responsive report. Master Harper said that, “These types of orders are discretionary. They ought…
The Calderbank offer to settle has been enshrined in our Rules of Court since 2010 and since 1975 has been the best way to legally enforce cost consequences for reasonable offers to settle. Emerging and imminent injury lawyers alike must understand and apply these principles of settlement. History of the Formal Offer Prior to…
This Christmas story involves four motor vehicle accidents all occurring within 2.5 years. In a previous accident the claimant also sustained a serious brain injury. To make it more jolly, between the third and fourth accidents in issue, he was involved in two additional accidents. (Lamb v. Fullerton, 2016 BCSC 1694) Claims were made for pain and suffering,…
The claimant delivered a formal offer to settle pursuant to Rule 9-1 of the Supreme Court Civil Rules. This was a commercial matter in BC but is relevant to personal injury claims as the same rule is applies to offers to and from ICBC. The relevant portion of the offer stated: In all of the circumstances, my client…
This injury claimant was a passenger in a single vehicle accident. The car accident occurred on Stillwater Main Road, a gravel logging road which intersects Highway 101 near Powell River, British Columbia. As the claimant’s vehicle approached the intersection, the driver lost control, the vehicle fishtailed, went up onto an embankment, launched into the air and rolled…
This injury claimant was involved in 2 car accidents. In the first she was rear-ended by a cement truck. In the second accident she was in Victoria, on her way to the airport, when the taxi she was in was struck on the side by a minivan driven.(Lauriente v. Schoonhoven,2017 BCSC 2246) The claimant worked as an emergency…
The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time of the car accident despite admitting negligence (Brennan v. Colindres,2017 BCCA 413). The negligent driver testified…