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…
In the case of Shrieves v. British Columbia (Attorney General), 2024 BCSC 889, the Trial Lawyers Association of BC (TLABC) sought an interlocutory injunction to suspend its operation pending the resolution of their petition. A central issue before the court was whether there was a fair question to be tried regarding the petitioners’ challenge to…
This self-represented injury claimant brought a lawsuit against the Attorney General aiming to have the ICBC no-fault legislation overturned (Lee v. British Columbia (Attorney General), 2024 BCSC 865). He complained that he cannot sue the driver for negligence under the amended Insurance (Vehicle) Act (IVA), which permits lawsuits only if criminal conduct is involved. The…
In this class action lawsuit filed against the Insurance Corporation of British Columbia, ICBC, the plaintiff seeks to certify a class action on behalf of all individuals who have purchased compulsory vehicle insurance from ICBC since its founding in 1973 (Rorison v. Insurance Corporation of British Columbia, 2024 BCSC 834) This group is referred to…
In the personal injury case of Hakimpour v. Grimm, 2024 BCSC 685, Justice Tucker provided a detailed ruling on the decision not to award double costs following the plaintiff’s personal injury claim dismissal. The defendant, insured by ICBC, sought double costs post-trial based on a settlement offer of $58,866 made prior to trial commencement, which…
In this personal injury appeal (McGuigan Estate v. Pevach,2024 BCCA 106) the pedestrian was struck in a crosswalk and severely injured at the intersection of 30th Avenue and 39A Street in Vernon. The driver was found 100% at fault and the claimant was awarded $1.7 million. The driver appealed claiming that the judge had failed,…
According to the Petition filed by the Trial Lawyers Association of BC ( “TLABC”) on March 15, 2024 the Disbursements and Expert Evidence Regulation, (the “DEER”) is an unauthorized exercise of government authority and infringes the Charter Rights of car accident claimants. The NDP government openly admit that this legislation was brought in to benefit…
AI can now be used responsibly to increase the quality of legal services. However in the case Zhang v. Chen, 2024 BCSC 285, a lawyer filed two fictitious cases in her notice of application, which were generated by ChatGPT but not verified for authenticity. The family law case involved an application for costs following an…
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