After a car accident injury a claimant has a duty to mitigate, or minimize his or her losses. However this case takes mitigation to new levels, expecting a career carpenter to seek alternative employment or face a reduction in his injury claim (Klein v. Sangha,2016 BCSC 1864. The claimant was 39 years of age at trial and…
ICBC stands for the Insurance Corporation of British Columbia. The Provincially created auto insurance company responsible for providing mandatory third party liability coverage. ICBC is the largest crown corporation measured by revenue. The ICBC Board consists of at least three directors appointed by the Lieutenant Governor in Council. The Lieutenant Governor in Council must also designate a…
Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue. The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling to provide the medical opinion required to pursue the claim. The CMPA will often make…
The claimant originally claimed personal injury losses as well as loss of income and associated losses. However, ICBC had the personal injury lawsuit dismissed due to WCB vs. ICBC injury claim rules. The claimant was however able to maintain an action for his business-related losses, including the loss of a $40,000 lease deposit on his vehicle. In Singh v.…
This personal injury case was raised from the dead by a rather direct referral to Access Pro Bono by Madam Justice Bennett allowing the claimant to obtain important free legal advice. The lawyer from Access Pro Bono agreed to continue to act for the unrepresented claimant and the appeal was reinstated. The claimant was indigent and did not…
Progressive insured the Washington State claimants in two separate personal injury actions in British Columbia. The claimants were riding a motorcycle in British Columbia when they collided with a rental vehicle. The claimant’s insurance policy provided that Progressive would pay “reasonable expenses incurred for necessary medical services” received by the plaintiffs as insureds “within three years of the date…
ICBC personal injury claims can become complicated to even the most experienced lawyers. After 21 years making ICBC injury claims as an injury lawyer I would like to share a few important tips to make your claim process easier. If you want to be covered for your injury claim here are three steps you absolutely need…
Ungrateful children can sometimes cross the line with parents but in this case posting untrue accusations of pedophilia cost this child $135,000 (Z. v. Z., 2016 BCSC 1730). False allegations regarding sexual misconduct with a minor are among the most serious and egregious allegations that one person can make against another, said the Supreme Court. The…
No sexy topic but ICBC has been welding it’s monopoly in the auto industry by forcing many innocent injury claimant’s to court over their case expenses. Photocopying costs vary greatly, medical clinics are unregulated and claimants can be forced to pay as much as $2.00 per page in these clinics. While the court has suggested…
Prior Consistent Statements are Admissible to Rebut ICBC Claims of Fabrication This incredible win by the injury claimant on appeal reaffirms the evidence rule that prior consistent statements of injury claimants are admissible to rebut an allegation of recent fabrication (T. v. ICBC et al, 2016 BCCA 373). Prior consistent statements can include ICBC dial-a-claim reports, signed ICBC…