This appeal from a $15,000 award as compensation for loss of use of his Ferrari resulting from the respondent car dealership’s negligence was dismissed. The court has updated and clarified the law that applies when a claimant loses the use of a vehicle, especially if the vehicle would be used to make profit, such as a work…
The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590). This claimant was awarded only $37,800 by a jury but was still awarded her court costs by the…
Unquestionably one of the most compelling destination compendiums of our planet, Google Earth is sure to assist many personal injury lawyers steer clients and potential clients in the right direction. The future is bright for this mother of all Earth browsers, so here are a few important features personal injury lawyers need to know: Seamless transition from 3D…
This injury claimant alleged the bridge designers failed to properly design a manhole cover near the Pitt River Bridge resulting in his car accident injury. The claimant described the manhole as protruding some inches above the surface of the roadway. His claim was dismissed at a summary trial on the basis that he had failed to establish a breach…
Disability benefits through a work insurance policy for short or long term disability may not be deductible from your client’s anticipated ICBC tort award under the insurance exception. Luis v. Marchiori,2015 BCSC 1 is good law on the matter and quotes Dionne v. Romanick, 2007 BCSC 436, at paras. 113-121 as follows: “[113] The question of whether…
In this important Court of Appeal decision the court has upheld an award of $85,000 for pain and suffering arising out of a somatic symptom disorder, despite credibility and reliability issues. Also, and more importantly to the personal injury lawyers out there, the Court has dismissed the “higher burden of proof” rhetoric that has been read into…
In this self represented car accident case the injury claimant was awarded $49,000 for what she called incapacitating and permanent injuries. The claimant asked the court to award her approximately $175,000 for pain and suffering s, $243,000 in past wage loss, $616,000 for impaired earning capacity, $409,000 in future care costs, $20,000 in housekeeping expenses and $12,000…
In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213] I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…
A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate. The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to prove that she had failed to mitigate her injuries (Park v. Targonski,2017 BCCA 134). The court…
No, ICBC cannot close your file. ICBC is governed by the protection of privacy legislation prohibiting indiscriminate destruction of personal information. If you have complied with the claim application process the Insurance Corporation of British Columbia, ICBC, typically has 30 to 60 days to pay the benefits. Accident Benefits are payable by ICBC, in the case of weekly…
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