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 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…
The Insurance Corporation of BC, ICBC, seems to have adopted the practice of settling ICBC claims and then fighting the claimant’s necessary and reasonable litigation expenses after settlement. However, the following ICBC injury claim stands for the proposition that claimants have a duty to ensure that all areas of the injury claim are supported with…
ICBC has a statutory monopoly on third party automobile liability insurance coverage in BC and appears to be manipulating this monopoly in ominous new ways, testing our courts sense of justice. The Insurance Corporation of British Columbia has been systematically refusing to pay for necessary medical and other expert opinion upon settlement of cases to…
This personal injury lawsuit was settled about 10 days before the beginning of the trial, after the claimant accepted an Insurance Corporation of British Columbia, ICBC, offer of settlement for approximately $155,000.00 plus costs and disbursements (Salsman v. Planes,2014 BCSC 1726). Following settlement, the claimant’s personal injury lawyer presented a bill of costs in the sum…
In this personal injury case involving two motor accidents occurring 6 months apart(Wang v. Dhaliwal,2014 BCSC 1662) the court awarded two set of legal costs totaling $13,000 in addition to the $59,000 out of court settlement. In British Columbia money you get for legal costs as a successful litigation are awarded to to help off-set the actual…
The Court of Appeal of BC has upheld the awarding of over $400,000.00 for breach of a settlement agreement(2014 BCCA 66) despite the argument that the dispute should not have been dealt with by way of summary trial due to conflicts within the evidence. A summary trial is one that is conducted, for the most part, by…