Modern Brain Injury Scans Still Inadmissible in BC Supreme Court

Brain injury diagnosis and assessment in personal injury cases has changed in the last 30 years. Technology and new discoveries have  provided more accurate tools for evaluating the existence of brain injury. However, the British Columbia court system has been slow to recognize and utilize these new tools. Unlike Ontario, the BC courts have recently…

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ICBC Claim Dismissed for Failure to Appear

This ICBC injury claimant, without a lawyer, failed to appear at his trial. The Judge dismissed the claim. In this court application the claimant sought leave to appeal the order dismissing his lawsuit for damages. The case  arose out of a car accident that occurred in March 2015. He claimed that the defendants’ car rear‑ended…

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time limits for ICBC settlements

ICBC Promise to Extend Limitation Upheld

Limitation Period In this Civil Resolution Tribunal minor injury claim, ICBC was bound by an agreement to extend the limitation period. The applicant was injured in a motor vehicle accident on August 5, 2019 in Coquitlam, British Columbia. It was undisputed that the applicant was not responsible for the accident. The applicant had no lawyer…

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No Cost of Future Care Claim in $1.5 Million ICBC Award

The Injury Award In this car accident injury case, the claimant was found to have suffered from a severe and chronic somatoform pain disorder. He was awarded over $1.5 million which included $180,000 for pain and suffering; Past loss of earning capacity of $178,000; future loss of earning capacity of $1,176,000; and out of pocket…

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Social Media Photos and Videos Ordered Disclosed

The Facts In this car accident personal injury case the defendant sought  production of photos, videos, screen shots and social media posts of the claimant.  The ICBC’s special investigators conducted an investigation into the claimant’s social media presence, and while the claimant has made all of her accounts private, the investigator was able to locate…

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Hosting Thanksgiving Dinner Inconsistent with Functional Capacity Evaluation

In this car accident injury case the claimant was a passenger when her vehicle was side swiped. she did not hit her head, and did not lose consciousness. The vehicle damage was minor. Eight months following the claimant had resumed full-time duties as a dental receptionist. She was also able to do the housework, food…

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ICBC Not Entitled to More than One Examination for Discovery

When injured in a car accident the lawsuit requires that claimants attend an examination for discovery. The examination for discovery is a process in which the injured person is asked questions under oath. The transcript of questions and answers can be used at trial to cross examine the claimant. Often the insurance company lawyer will…

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$125,000,000 Claim Against ICBC Dismissed

A dismissal of a claim against ICBC (Karbalaeiali v. Insurance Corporation of British Columbia, 2022 BCCA 223) was the subject of this appeal. The  ICBC claimant was injured in two motor vehicle accidents and settled his claims for damages and benefits. Before settlement of the claims, he had difficulty obtaining no‑fault benefits and negotiating a…

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Jury Award of $600 for Pain and Suffering Increased by Court of Appeal

This personal injury appellant sustained injuries in a car accident when his Land Rover was hit from the rear by a Honda Civic. After a nine-day trial, a jury awarded him $19,000 in damages, including only $600 for his pain and suffering. The injury claimant appealed the jury’s verdict and wanted a new trial on…

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