6% Cap on Injury Victim Case Costs Brought Back by NDP

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…

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Witness Testimony and Constructed Emotions: A New Way to Understand Credibility

  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.…

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Civil Rule Changes for Trial Briefs and Email Service

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…

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ICBC Cannot Deduct Loss of Housekeeping Capacity

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…

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Future Loss of Income Claim Reduced by Court of Appeal

  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…

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Future ICBC Injury Benefit Deductions Clarified on Appeal

  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…

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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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