“But for” Test in Motor Vehicle Accident Cases Beefed-Up By Supreme Court of Canada

In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada  has done its best to clarify for lawyers and claimants when the “but for” causation test can be replaced by the material contribution to risk test in car accident injury cases stating:   “[46]  The foregoing discussion leads me to the…

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Child Hit by Bus and Jury Dismisses Catastrophic injury Claim- Upheld by Supreme Court of Canada

In this stunning decision the Supreme Court of Canada has overturned the decision of the Nova Scotia Court of Appeal and restored the verdict of  the Jury dismissing the infant’s  personal injury claim (Annapolis County District School Board v. Marshall,2012 SCC 27). The injury claimant, a four-year-old, was playing with his brothers in front of the family home…

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$2 Million Car Accident Brain Injury Claim for Future Care Costs Dismissed

In this New Westminster car accident claim the BC Supreme Court concluded that the injury claimant did not suffer a brain injury(Minhas v. Sartor, 2012 BCSC 779). The court said that the claimants testimony must be regarded with scepticism and given little or no weight. The claimant demonstrated at this trial that he was both an unreliable and a…

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Personal injury Claimant has Welfare Payments Deducted from Car Accident Award

This car accident injury claimant was awarded over $1.6 million for personal injury after deduction of welfare payments(Campbell v. Swetland, 2012 BCSC 423). This  personal injury claim arose from a motorcycle and automobile collision that occurred when the claimant was riding her red 2010 Triumph motorcycle northbound on Highway 6 when the south bound defendant, driving a white 1998 Subaru…

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Severe Brain Injured Car Accident Claimant has $2.9 Million Award Reduced by $350,000 on Appeal

The injury claimant was seriously injured in a motor vehicle accident when a tractor-trailer struck and crushed her Volvo inside the Massey Tunnel near Delta, B.C.  She suffered extensive injuries including a severe brain injury(O’Connell v. Yung,2012 BCCA 57). The trial judge awarded more than $2.9 million in this personal injury case and ICBC, as the insurer…

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Car Accident Injury Claimant’s Psoriasis and Psoriatic Arthritis Aggravated by the trauma and stress

The injury claimant was a 32-year-old plumbing apprentice when he was seriously injured  in a head-on collision(Cassells v. Ladolcetta,2012 BCCA 27). The claimant was driving his car in the westbound centre lane of Canada Way, one of Burnaby’s major east-west connectors.  As he approached Canada Way’s uncontrolled intersection with Sprott Avenue, the other driver, intending to turn…

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Top Spinal Cord Personal Injury Lawyers Need to be Aware of Representation Agreements

When a person  suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…

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Injury Claimant Not Required to Provide Facebook, Twitter, and Personal Laptop to Insurance Company Lawyers

In this heart surgery medical malpractice case(Dosanjh v. Leblanc and St. Paul’s Hospital,2011 BCSC 1660) the claimant alleges suffering a stroke resulted in permanent physical and cognitive disabilities after open heart surgery to repair a hole in his heart. The claimant sued the doctor, nurse, technician, and hospital alleging an air embolism was allowed to enter…

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Injured Car Accident Passenger Settles for $900,000 and gets Low Interest Award on Costs

The claimant was five years of age and was a back seat passenger in a car being  driven by his uncle. Their car was in the midst of making a left turn in the intersection of 49Th Avenue and Knight Street in the City of Vancouver when it was hit  by another car going southbound . This case involved issues…

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3 Million Dollar Personal Injury Award in Golf Club Wielding Brain Injury Case

A Maple Ridge man with no lawyer now owes over 3 million dollars after court finds that he intentionally hit the injury claimant in the head with a golf club resulting in a severe skull fracture and traumatic brain injury(Saether v. Irvine, 2011 BCSC 1497) . The  altercation occurred in front of a home in Maple Ridge, British…

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