In 7-Eleven Canada Inc. v. Tommy,2025 BCCA 220 the BC Court of Appeal again revisited the doctrine of divisibility of injuries in tort law. The case concerned significant ankle fractures on 7-Eleven’s property in 2018. While liability was admitted on appeal, the focus was on whether the trial judge had erred by treating the claimant’s…
In this weeks case, Eberhardt v. ICBC, 2025 BCSC 1069, the plaintiff pursued compensation under the ICBC hit-and-run legislation, as it then was, after colliding with a large truck tire abandoned on the Trans-Canada Highway. The accident occurred on October 28, 2018. The plaintiff alleged that a tire had fallen from an unknown vehicle, and…
This Court of Appeal personal injury case arises from two motor vehicle accidents March 8, 2018 and February 20, 2020. Additionally, the claimant was involved in a workplace slip-and-fall accident in November 2018. The trial judge, Justice Elwood, heard both motor vehicle actions together and found that the injuries, primarily to his neck, back, and…
No-Fault Insurance and Wrongful Death Framework 2025 In April 2025, a vehicle-ramming attack at Vancouver’s Lapu Lapu Day Festival tragically killed 11 people and injured many others. The incident has brought attention to the limitations in compensation available to victims and their families. These limitations stem from two key aspects of British Columbia law: the…
Distinction Between Capital Asset and Earnings Approach In Lewis v. Gibeau, 2025 BCCA 127, the Court of Appeal addressed the trial judge’s error in applying the capital asset approach rather than the earnings approach to assess Ms. Lewis’s loss of earning capacity. The earnings approach is typically used when a plaintiff has a clear, established…
In this motor vehicle accident case, Gandha v. Beauchesne, 2025 BCCA 122, the claimant appealed a jury verdict that found the defendant not liable despite assessing $752,000 in losses. The collision occurred when the defendant rear-ended the claimant’s vehicle after she merged onto the highway from her driveway at a speed below the limit. The…
In this review of Padgham v. Ram, 2025 BCCA 100 I focus on the key legal issues applied by the Court of Appeal in this personal injury claim. Failure to Take Recommended Medication The claimant appealed a personal injury damages award arising from a 2016 motor vehicle accident caused by a TransLink bus. While the…
In Sudbury v. ICBC, 2025 BCCRT 176, the Civil Resolution Tribunal (CRT) adjudicated a dispute arising from a hit-and-run motor vehicle accident that occurred on November 5, 2020, in Burnaby. The applicant claimed that the unidentified driver was negligent and sought damages from the Insurance Corporation of British Columbia (ICBC) under the Insurance (Vehicle) Act…
In British Columbia, the Insurance (Vehicle) Act and the accompanying Minor Injury Regulation define a “minor injury” for motor vehicle accidents occurring between April 1, 2019, and May 1, 2021. This classification includes injuries such as sprains, strains, mild concussions, and certain psychological conditions that do not result in serious impairment or incapacity. For these…
This vehicle injury case arises from a motor vehicle accident on September 14, 2018, in which the plaintiff was struck from behind while traveling on Highway 1( Gill v. Gregory,2025 BCSC 352). Liability for the accident has been admitted. The plaintiff, a heavy-duty mechanic employed by Coast Mountain Bus Lines and Vancouver Port Authority, returned…
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