The Court of Appeal grappled with the definition of “person under disability” under the court rules finding that the Rule 20-2 is a “complete code” and does not permit persons under legal disability to bring or defend proceedings in Supreme Court except through a litigation guardian. This claimant raised an “issue of discrimination” referring to the fact that…
The Court of Appeal has effectively eliminated the ability to strike a jury on the grounds of complexity, length and multiple conflicting medical opinion (Rados v. Pannu,2015 BCCA 459). The claimant was injured in a car accident and applied unsuccessfully to strike a Jury Notice filed by the defendants insurance company for a complicated 2…
Our Supreme Court Judges have no power to deal with the rights of employees and the liability of employers when car accident personal injuries are suffered in the course of employment, concludes Judge Burnyeat after an extensive review of the law (Pinch v. Hofstee,2015 BCSC 1888). The claimant was injured in two motor vehicle accidents ( MVA#1 and…
In this fast track personal injury claim the defendants sought an order for production of various documents and records, including photographs and videos from the claimant’s social media accounts or platform (Wilder v. Munro,2015 BCSC 1983). ICBC has been known to use social media photos against innocent victims of personal injury in an attempt to discredit their injuries. This…
Baffled, the Court was forced to award special costs after ICBC settled a personal injury case yet refused to pay costs. Lawyer Jacqueline Small obtained $2,000 in special costs and costs thrown away due to ICBC failure to response to a simple Bill of Costs. ICBC’s lawyer had failed to respond to the Bill of Costs…
After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC the circumstances and consequences within 30 days, the ICBC adjuster can remain tight lipped about…
The court has allowed the late admission of policy guidelines as ICBC is sued for maliciously prosecuting charges of uttering false statements. The allegation is that the Insurance Corporation of British Columbia, and its investigators ignored evidence, mischaracterized evidence, and fabricated evidence to support charges of uttering a false statement against the claimant and her husband…
In this Fast Track personal injury case, the claimant settled 5 months before trial and was successful in seeking the full amount allowed for legal costs pursuant to Rule 15-1(15) (Karp v. Kalsi,2015 BCSC 1949). The car accident in question occurred 4 years before the scheduled trial after the parties had exchanged documents and the claimant was examined for discovery.…
The Insurance Corporation of British Columbia, ICBC, is a government created auto insurance monopoly entrusted with providing universal public auto insurance in British Columbia. However, ICBC has been using biased medical experts to deny legitimate personal injury claims, the following case is a recent example (Litt v. Hassan, 2015 BCSC 1920). This twisted and tainted approach to…
As a result of the car accident in question the claimant sustained injuries to her head, jaw, neck, shoulders, chest, back, left arm, left elbow, left wrist, left hand, left hip, left leg, and left heel. Importantly, the claimant had suffered an injury in a another almost identical motor vehicle accident just two years before the…