Accident Injury Claims in Vancouver Lead to $201,000 Award for Loss of Mortgage Business

In this two car accident  low back personal injury lawsuit(Doho v. Melnikova,2011 BCSC 703) the main issues that led this ICBC case to not settle were: loss of opportunity to earn past income; reduction of  the injury claimant’s future earning capacity; ICBCs’ allegation that the claimant  failed to mitigate his loss; and the ICBC claim that the injuries did not impact the claimant’s earning capacity. ICBC admitted fault…

Read more

Injury Benefits Lawsuit Severed from Claim of Bad Faith- Apply to ICBC Accident Benefits?

In this chronic low back pain disability claim (Brennand v. Sun Life Assurance Company of Canada, 2011 BCSC 759)  Sun Life issued a group policy of insurance to Telus Corporation in which Sun Life agreed to provide group long-term disability benefits  for eligible Telus employees. The insurance claimant went off work as a customer service representative with Telus…

Read more

Car Accident ICBC Injury Claimant Wins Hit and Run Case

In this ICBC denied hit and run accident claim(Burton v. Insurance Corporation of British Columbia, 2011 BCSC 653) the injury claimant sued the Insurance Corporation of British Columbia (“ICBC”), under section 24 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, as it then was, as a nominal defendant, arising out of a hit and run…

Read more

Bicycle Accident Victim has to Pay Costs for Failing to Accept ICBC Offer to Settle

This is a good example of a personal injury case win that really turns out to be a loss (Dempsey v. Oh, 2011 BCSC 627). The injury claimant was riding his bicycle when he collided with a vehicle being driven by the defendant, likely insured by ICBC.  The Judge awarded the claimant $20,000 for pain and suffering and $629.96…

Read more

Injury Claim Arising from Four Car Accidents Results in $119,000 Award

The injury claimant in this multiple rear-end car crash case(Keenan v. Fletcher, 2011 BCSC 520) was a 46-year-old police officer with the New Westminster Police Service. Amazingly the claimant was involved in four motor vehicle accidents in the same year, all of which ICBC admitted liability. She claims she suffered soft tissue injuries to her neck, right shoulder and lower back,…

Read more

Car Accident Claimant Fails to Beat ICBC Offer and Punished by the Court of Appeal

In this minor car accident Jury trial case (Gehlen v. Rana, 2009 BCSC 1484) the injury claimant was awarded $13,486 by the Jury yet before the trial ICBC, the insurance company defending the at fault driver, had offered $22,000.00 to settle the case. The trial concerned both liability and damages for a motor vehicle accident and…

Read more

Jury Dismisses Defamation Case and Judge Finds Alleged Injury Too Remote for Compensation

As a personal injury lawyer in British Columbia since 1995 I am often asked to prosecute injury claims resulting indirectly from an event. For example, a car swerves to avoid a truck going through a red light and the car goes off the road, hits into a fence, which releases a dog and the dog…

Read more

Victoria Personal Injury Claimant Ordered to Attend Medical Examinations in Vancouver

In this truck accident injury claim (Parsons v. Mears, 2011 BCSC 397)  the claimant, a Victoria resident,  was operating a truck  when it became stuck in mud. A good samaritan, Mr. Mears,  attempted to pull the truck out of the mud using a cable and tractor. The tractor flipped and trapped Mr. Mears. The claimant alleges that he  suffered various…

Read more

ICBC Injury Claimant Makes Truck Accident Statement Containing Obvious Exaggerations

This personal injury claim filed in Vancouver BC (Manson v. Kalar, 2011 BCSC 373) arose from a motor vehicle accident which occurred when the claimant’s vehicle was rear-ended by a vehicle.  The other driver admitted fault and the trial was limited to an assessment of  how much money, if any, should the claimant get for his car accident injury.   …

Read more

Injury Claimant’s Credibility Put into Question after Court Finds that he was, “leading a secret life”

In this coming out of the closet injury claim (Kitney v. ICBC) the court accepted that the claimant was involved in a serious accident and suffered a retinal tear and strains of the neck and mid- and low-back. However, despite the claimant testifying that he was unable to work he was videotaped working outside the…

Read more