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Personal Injury News

June 2020

ICBC Settlement – ICBC’s Low Offer Scolded by Trial Judge

In Patterson v. Solymosi 2019 BCSC 1508, the injured claimant suffered soft tissue injuries to her neck and back, as well as a labral tear to her right hip, in a motor vehicle accident.  As a result of her injuries, she was limited in her ability to function as a special education teacher which involved…

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ICBC and Jury Trials – Injured Claimant Avoids Trial Rescheduling

  In response to the health concerns from Covid 19, the BC Supreme Court cancelled all jury trials up to and including September 7, 2020.  What this means is that if a jury trial is scheduled to take place during this time period, then the trial will be adjourned and rescheduled to a new date. …

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ICBC Settlements – Can you reject an offer you accepted from ICBC?

  If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC.  This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you.  ICBC adjusters have a significant…

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Medical Malpractice – Time Limit in Starting a Claim Against a Doctor

If you have been injured as a result of medical malpractice, the Limitation Act sets out maximum time periods in which a legal action (lawsuit) must be brought against medical practitioners.  If a lawsuit is not filed by the deadline, known as the limitation date, then the claim expires and it is voided.  It is,…

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Injured Because of a Building Code Deficiency?

  What is the BC Building Code? The British Columbia Building Code governs how new construction, building alterations, repairs and demolitions are completed throughout our province.  It establishes minimum requirements for safety, health, accessibility, fire and structural protection of buildings and energy and water efficiency. It applies throughout the province except for some federal lands…

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ICBC Hit & Run Claim Dismissed at Trial due to Failure of Injured Claimant to Question Hells Angel

If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC.  The law in British Columbia requires you to take certain steps to identify the driver who fled the scene.  If these steps are not taken, then…

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Injured by the Police – What is Excessive Force?

The civil unrest in the US continues in the wake of public anger and backlash over the murder of George Floyd due to unreasonable police force in kneeling on his neck for several minutes. From a legal standpoint, it is anticipated that the police will rely on a defence known as “qualified immunity” which protects…

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