As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. All risks such as potential side-effects and complications must be disclosed to patients by the medical practitioner before the procedure takes place. This information allows patients to make an informed decision about whether or not…
In Zhang v. 328633 BC Ltd. 2020 BCSC 1521, the injured claimant sought damages for injuries she suffered in 2 motor vehicle accidents. In the first motor vehicle accident, she was rear-ended and ICBC admitted fault. In the second motor vehicle accident, she was a passenger in a transit bus. An unidentified driver tried to…
In Geddert v. Stokes 2021 BCSC 656, the injured claimant, a window washer, was injured when his ladder was struck by a reversing car. At the time, he was washing the outside windows above a garage door at a condominium development. The trial judge dismissed ICBC’s arguments that others were liable for the accident finding…
In Thatcher v. Lowe 2021 BCSC 590, the injured claimant sought compensation for injuries he suffered from an assault by 2 members of the Hells Angels in 2016. The injured claimant was sitting in his vehicles when several cars parked behind him and a group of 8-10 men got out and surrounded his vehicle. Members…
As discussed in prior blog posts, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. If this does not occur, then the court may refuse to take into consideration the opinion of the ICBC expert because it is considered faulty or unreliable. In Davidson v.…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Thomson v. Fraser 2021 BCSC 541, the injured claimant was a 21 year-old security guard at the Pan Pacific Hotel in Vancouver. The defendant was a private school teacher at the prestigious Shawnigan Lake School on Vancouver Island. Before the…
How much ICBC pays for injury claims will plummet after May, 2021. Most will not have lawyers. ICBC settlements in 2021 will be unlike any other year in our history. Car accident injury claimants after May 1, 2021 will no longer be given compensation for loss of enjoyment of life. Let’s explain ICBC settlements for…
As discussed in previous blog articles, the paramount issue in all medical malpractice cases is causation. The injured claimant must prove not only that the doctor failed to meet the standard of care expected of him/her, but also that this negligence caused the injury. The standard of proof is the “balance of probabilities” in which…
To determine if you are entitled to compensation from ICBC for injuries suffered in a motor vehicle, the first step is to identify who was liable or at fault for the collision. This is known as liability. Determining who was at fault for the accident is important because a claim for compensation is based in…
In a recent blog post, we discussed the impact an injured claimant’s lack of credibility had in the dismissal of his ICBC hit and run claim at trial. Jacqueline Small, a partner with Holness and Small Law Group, was interviewed by Canadian Magazine on this ICBC credibility case. Credibility is always a paramount consideration in all…