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Jacqueline Small

ICBC Settlements for 2020 – Part 2

  In a prior blog post, we discussed the current state of ICBC settlements in 2020.  Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants.  When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial.  This…

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Sport Injury – Lawsuit Against North Vancouver for Foul Ball Injury Dismissed

Sports are a large part of our society.  Millions of Canadians have participated in and have been spectators in amateur sports and professional sports.  Sport injuries to both participants and spectators are unfortunately common due to the inherent risks of the game. Participants are deemed to accept the inherent risks of a sport injury if…

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Loss of Housekeeping Capacity and Injury Claims

  Often, the most common types of personal injury claims involving ICBC accidents, slip and fall accidents and private property accidents will include damages for: pain and suffering lost income future care costs special damages (reimbursement of out of pocket expenses). Another type of claim that is available to injured claimants is for loss of…

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Social Host Liability – Injured Intoxicated Guests Suing Party Hosts

A social host is a person who holds a private party where alcohol is served and consumed by guests.  A social host is different from a commercial host which is a business establishment such as a restaurant or a bar that serves alcohol for profit.  Accordingly, the legal responsibility differs between a social host and…

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ICBC Claims – Duty to Mitigate and to Follow Medical Advice

Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice.  If it is proven that an injured claimant failed to mitigate their injuries…

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Medical Malpractice – Informed Consent to Medical Treatment

Most medical procedures involve some level of risk.  Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not to proceed.  This is known as informed consent. A doctor’s obligation to obtain…

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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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