Blaming the Victim for Declining Surgery – Can ICBC Argue Failure to Mitigate to Reduce Compensation?

As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents.  In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses.  In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…

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ICBC Settlement Offer Higher than Award but Claimant Still Gets Her Costs

The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…

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ICBC at Trial – $100,000.00 Awarded for Permanent Neck, Back and Shoulder Pain

In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …

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ICBC Re-Victimizing Injured Claimants After Trial – Section 83 Deductions – Part 2

*written by Vic Maan, associate at Holness and Small Law Group In a previous blog post on ICBC claims, we discussed how ICBC under s. 83 of the Insurance (Vehicle) Act re-victimizes injured claimants who have gone to trial and won an award. In that article, we discussed the case of Aarts-Chinyanta v Harmony Premium…

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Vancouver ICBC Lawyer – New ICBC No Fault Insurance Explained – What is No Fault?

The NDP have quietly passed a new law that will dramatically change ICBC and the rights of the injured.  The new change to ICBC is No Fault Insurance.  The NDP and ICBC are doing their best not to call it No Fault Insurance and instead are labeling it “Enhanced Care Coverage” in a likely effort…

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ICBC Settlements – $85,000.00 for Pain and Suffering for Permanent Soft Tissue Injuries

When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages).  Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law.  When researching prior trial awards, it is important to find cases which involve similar facts. When…

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Vancouver Medical Malpractice Lawyer – Can a Doctor Deny You Treatment During Covid 19 Pandemic?

To succeed in a medical malpractice claim in proving that a doctor is negligent and liable, the patient must establish: The doctor owed a duty of care to the patient The doctor breached the standard of care The patient suffered an injury or loss The doctor’s conduct was the cause of the patient’s injury or…

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NDP No-Fault Auto Insurance will Increase Injury and Death

The NDP no fault auto insurance will become law to benefit auto monopoly ICBC in May, 2021. However, people in British Columbia have not been told of the potential for these changes to result in more injuries and death on our roads. As the personal responsibility of guilty driver is eliminated, so to will the…

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Holness and Small Law Group Wins Trial Award Against ICBC

Jacqueline Small and Vic Maan of Holness and Small Law Group were trial counsel for a 56 year-old site superintendent who was injured in a motor vehicle accident on November 15, 2015 when he was rear-ended at a high rate of speed.  At the time of the motor vehicle accident, he was healthy, active and…

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No ICBC Driver Discounts During COVID-19 Pandemic

Despite $300 million in ICBC savings and a reduction in claims by 37% between April and June, 2020 ICBC is refusing to pay back drivers. It appears ICBC and the NDP are playing politics by waiting to election time to pass the saving onto BC drivers. In fact, ICBC continue to charge high insurance rates…

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