Financial hardship is expected for those injured in car accidents in British Columbia. David Eby and the NDP have brought back the 6% cap on injury victim’s case expenses. The Disbursement and Expert Evidence Regulation will create prejudice for those injury victims left fighting ICBC and their lawyers. The change in law prevents injury victims…
The interpretation of witness evidence plays a pivotal role in shaping the outcome of many injury cases. Understanding the emotional states and intentions of witnesses can be a crucial factor in assessing the credibility of their testimony. Our discussion of the theory of constructed emotions provides valuable insights for lawyers when interpreting witness evidence.…
Attorney General announces changes to Supreme Court rules On July 10, 2023 amendments to the Supreme Court Civil Rules and Supreme Court Family Rules were announced. The proposed changes aim to refine and clarify the rules governing civil proceedings in British Columbia, addressing aspects such as addresses for service, trial briefs, trial management conferences, and…
ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money…
Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…
In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…
This was an appeal of a personal injury award for loss of future earning capacity. The judge awarded the 61 year old claimant $45,000 representing six months of income, and potential loss of pension. The claimant was driving on Hastings Street in Burnaby, when the defendant suddenly moved into his lane of traffic and struck…
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…
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…
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…