ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money…
Currently in Canada the use of Artificial intelligence to perform legal research and writing is unregulated. Likewise, the use of AI to interact with clients, the court and third parties remains a wild west for the legal profession. However, lawyers will be unlikely to escape liability for the legal opinions, research or human interaction of…
The submission of fake legal cases and legal arguments created by ChatGPT has resulted in a $5,000 fine against a lawyer and his firm. The underlying personal injury case involved lawyers using AI for legal briefs to avoid a dismissal of the claim. Artificial intelligence performed the legal research and writing normally done by junior…
First Driverless Cars Permitted in Europe The UK is the first in Europe to allow driverless cars on public roads and highways. The Ford Mustang Mach-E model allows driverless steering and acceleration using geomapping. For about $30 CAD per month the BlueCruise hands-free driving system uses advanced adaptive cruise control, lane-centering, speed and road sign…
For his use of the artificial intelligence ChatGPT to draft a legal brief (Mata v. Avianca) a personal injury lawyer now faces potential sanctions. As a result, Federal judge Brantley Starr is now requiring lawyers in his cases to certify that they did not use artificial intelligence to draft their filings without a human checking…
Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…
In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…
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…
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