Surveillance is one of the main tools ICBC uses to investigate ICBC injury claims. While some level of investigation is important to verify ICBC injury claims, in reality ICBC often uses surveillance to uncover evidence to discredit injured claimants and attack their claims. To this end, ICBC routinely hires private investigators to follow and videotape…
The Court of Appeal has upheld the dismissal of a bizarre medical-legal malpractice case. The appellant alleged that he was mistreated and assaulted by hospital staff. His claim included defamation, malicious prosecution, battery and physical assault, and intentional infliction of harm. (Universe v. Fraser Health Authority, 2019 BCCA 234) The lawyers representing the doctors were…
The claimant was injured in a motor vehicle accident and alleged the car accident caused physical and psychological injury, including nervous shock. The claimant emigrated to Canada 10 years before the application and had come with a history of experiencing beatings, tortures and slavery. The defendant sought a court order for his file from Immigration, Refugees…
This was an application of a personal injury claimant to have the judge’s reasons withdrawn from the Court’s website (2017 BCCA 321). In the personal injury case it was alleged the claimant suffered a brain injury that left him with a lack of emotional control. The claimant had an “outburst” during cross-examination that involved the use of expletives, and…
No, ICBC cannot close your file. ICBC is governed by the protection of privacy legislation prohibiting indiscriminate destruction of personal information. If you have complied with the claim application process the Insurance Corporation of British Columbia, ICBC, typically has 30 to 60 days to pay the benefits. Accident Benefits are payable by ICBC, in the case of weekly…
Last year was record breaking for car sales in BC being the best performing province with an increase of 7% in car sales. Over 85% of Canadian households own at least one vehicle. Now the government of British Columbia appears to be endorsing thousands of secret internet investigations conducted by ICBC on British Columbia motorists. There is a new push…
The complainant before the Insurance Council of BC had been the girlfriend of the petitioner, who was employed as a general insurance salesperson. After a row in which the police where called the petitioner used his insurance licence to access the complainant’s personal ICBC information. There was a complaint made to to the Insurance Corporation of British Columbia, ICBC,…
It is not surprising that in a free and democratic society we should have a public right to an open court process. Having truly a open court ensures that common values are being applied within all our British Columbia judicial proceedings. Openness is essential to accessibility and accountability in the judicial system. However, personal injury…
In British Columbia it is assumed that every personal injury claimant is entitled to the confidentiality implicit in his or her attendance in a physician’s examining room and protection of his or her privacy on a personal matter, absent serious concerns relating to health or safety, or express legislative provisions compelling release of the information in the…