This was an appeal of a personal injury award for loss of future earning capacity. The judge awarded the 61 year old claimant $45,000 representing six months of income, and potential loss of pension. The claimant was driving on Hastings Street in Burnaby, when the defendant suddenly moved into his lane of traffic and struck…
Brain injury diagnosis and assessment in personal injury cases has changed in the last 30 years. Technology and new discoveries have provided more accurate tools for evaluating the existence of brain injury. However, the British Columbia court system has been slow to recognize and utilize these new tools. Unlike Ontario, the BC courts have recently…
This ICBC injury claimant, without a lawyer, failed to appear at his trial. The Judge dismissed the claim. In this court application the claimant sought leave to appeal the order dismissing his lawsuit for damages. The case arose out of a car accident that occurred in March 2015. He claimed that the defendants’ car rear‑ended…
Limitation Period In this Civil Resolution Tribunal minor injury claim, ICBC was bound by an agreement to extend the limitation period. The applicant was injured in a motor vehicle accident on August 5, 2019 in Coquitlam, British Columbia. It was undisputed that the applicant was not responsible for the accident. The applicant had no lawyer…
The Injury Award In this car accident injury case, the claimant was found to have suffered from a severe and chronic somatoform pain disorder. He was awarded over $1.5 million which included $180,000 for pain and suffering; Past loss of earning capacity of $178,000; future loss of earning capacity of $1,176,000; and out of pocket…
The Facts In this car accident personal injury case the defendant sought production of photos, videos, screen shots and social media posts of the claimant. The ICBC’s special investigators conducted an investigation into the claimant’s social media presence, and while the claimant has made all of her accounts private, the investigator was able to locate…
In this car accident injury case the claimant was a passenger when her vehicle was side swiped. she did not hit her head, and did not lose consciousness. The vehicle damage was minor. Eight months following the claimant had resumed full-time duties as a dental receptionist. She was also able to do the housework, food…
When injured in a car accident the lawsuit requires that claimants attend an examination for discovery. The examination for discovery is a process in which the injured person is asked questions under oath. The transcript of questions and answers can be used at trial to cross examine the claimant. Often the insurance company lawyer will…
In this slip and fall injury claim the plaintiff fell and fractured her wrist while walking on a sidewalk in Vancouver. The plaintiff claimed she fell due to snow and ice on the Sidewalk. The plaintiff discontinued her lawsuit against the City of Vancouver and the Strata. Therefore the only claim remaining was the negligence…
A dismissal of a claim against ICBC (Karbalaeiali v. Insurance Corporation of British Columbia, 2022 BCCA 223) was the subject of this appeal. The ICBC claimant was injured in two motor vehicle accidents and settled his claims for damages and benefits. Before settlement of the claims, he had difficulty obtaining no‑fault benefits and negotiating a…