Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors. The Rules created a class of “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for content. It appears only well informed MLR industry members are likely to obtain the admissible…
In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…
This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes in her findings of fault for the injuries and her findings of fact supporting the…
There has been much confusion in the legal community over the issue of witnesses and witness lists in civil cases. The issue is whether plaintiffs can call witnesses who are not in the plaintiffs’ trial brief has now been answered by Supreme Court Judge Steeves in the case 2016 BCSC 2038. Here is the answer: The Rules…
For ICBC personal injury claims, and other personal injury cases, the laws governing settlement offers are more confusing than any time in history. The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a new course. The consequences for failing to accept a reasonable offer are now left to judicial…
The personal injury claimant was alone in her vehicle in Maple Ridge when the car following behind failed to stop in time and collided with the rear of the claimant’s vehicle. At the time, the claimant was 56 years old and employed as a bartender-server at a bowling alley.The claimant said that the effects of her injuries forced her to…
The ICBC personal injury appellant was sitting in the back of a vehicle when it overturned at high speed along with other teenage passengers. The teenagers were drinking alcohol in the back of the car and planning to throw eggs at pedestrians . After the car crash the appellant made no complaints of headaches, neck…
In this personal injury case the claimant was injured in two car accidents and claimed to have suffered a chronic pain syndrome. The judge found the medical expert opinion evidence presented to be highly unsatisfactory. Therefore judge Saunders was not persuaded that there was a “but for” causative link between either of the subject accidents and…
Losing the use of your dream car after a car accident can result in a claim for pain, suffering and loss of enjoyment of life. Also, there could be an ICBC claim for accelerated depreciation of your vehicle, over and above the personal injury claim. As we explain, these claims can be made as part of a personal…
After a car accident non-pecuniary damages are awarded to compensate the claimant for pain, suffering, loss of enjoyment of life, and loss of amenities. The compensation awarded must be fair to the at fault party. Fairness is measured against court awards made in comparable cases. However other personal injury cases, though helpful, serve only as a rough guide. In…