ICBC auto insurance Monopoly

ICBC and False Claims of Judicial Bias

ICBC claimed bias of the trial judge in the following ICBC injury case. The Court of Appeal disagreed with ICBC,  BC’s auto insurance monopoly. In particular ICBC claimed, without success that it was unfair that the judge: Expressed cynicism about the legislature’s motives in limiting the number of expert reports that can be commissioned; Commented…

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Document Demands Close to Trial Dismissed

In the personal injury case of Forstved v. Kokabi, 2018 BCSC 111, the Supreme Court addressed three late applications seeking additional document production . The plaintiff, suffered a traumatic brain injury from a 2012 car accident which impaired his business competency and ability to earn income. The defendants requested numerous documents related to his  past…

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Pedestrian Rights and Driver Fault at Unmarked Crosswalks

This claimant was injured in a pedestrian-vehicle collision at an unmarked crosswalk at the intersection of Harwood Street and Thurlow Street in Vancouver. The injury claimant sustained significant injuries, profoundly impacting her quality of life. Liability and damages are both in issue, with ICBC proposing a 65-35 fault apportionment favoring the claimant, while the claimant…

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Liability and the Last Clear Chance Doctrine

This Court of Appeal personal injury case, Ferrill v. Cockburn, involved an accident at an uncontrolled intersection. The appellant was driving a vehicle and attempted a left turn when he collided with the respondent, who was riding a motorcycle at an excessive speed. The jury at trial apportioned liability equally between both parties. The appellants…

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future earnings

The Rab Test for Loss of Earning Capacity Claims

In this personal injury appeal, the Court of Appeal addressed the quantum of damages for past and future loss of income arising from a motor vehicle accident (Tigas v. Close, 2024 BCCA 223). The injury claimant alleged a loss of over $3 million at trial and was only awarded under $500,000. The appellants contested the…

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Exaggerated ICBC Injury Claim Leads to Case Dismissal

The primary issue in this personal injury appeal was the trial judge’s finding of causation for damages awarded to the claimant following a motor vehicle accident. The case was heard before the Honourable Justices Stromberg-Stein, Voith, and Skolrood. The appellants sought to overturn the damages awarded, arguing that the trial judge made a palpable and…

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Court Denies Injunction Against 6% Cap on Disbursements

In the case of Shrieves v. British Columbia (Attorney General), 2024 BCSC 889, the Trial Lawyers Association of BC (TLABC) sought an interlocutory injunction to suspend its operation pending the resolution of their petition. A central issue before the court was whether there was a fair question to be tried regarding the petitioners’ challenge to…

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Discrimination Claim Against ICBC No-Fault Injury System Ends in Dismissal

This self-represented injury claimant brought a lawsuit against the Attorney General aiming to have the ICBC no-fault legislation overturned (Lee v. British Columbia (Attorney General), 2024 BCSC 865). He complained that he cannot sue the driver for negligence under the amended Insurance (Vehicle) Act (IVA), which permits lawsuits only if criminal conduct is involved. The…

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Class Action Against ICBC for Injury Benefits Certified

In this class action lawsuit filed against the Insurance Corporation of British Columbia, ICBC, the plaintiff seeks to certify a class action on behalf of all individuals who have purchased compulsory vehicle insurance from ICBC since its founding in 1973 (Rorison v. Insurance Corporation of British Columbia, 2024 BCSC 834)  This group is referred to…

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Claim Dismissed but Double Costs not Awarded to ICBC

In the personal injury case of Hakimpour v. Grimm, 2024 BCSC 685, Justice Tucker provided a detailed ruling on the decision not to award double costs following the plaintiff’s personal injury claim dismissal. The defendant, insured by ICBC, sought double costs post-trial based on a settlement offer of $58,866 made prior to trial commencement, which…

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