Jacqueline Small Interviewed (again) by Canadian Lawyer Magazine on ICBC Reprehensible Conduct

Several times in the last year, Jacqueline Small of our firm has been interviewed by Canadian Lawyer on current trends and trial decisions that impact the area of injury law in British Columbia.  We are proud to stay ahead of the curve and to remain up to date on the law.  We believe this is…

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Driverless Shuttle to Service Toronto

Autonomous vehicle service will begin in Scarborough’s Rouge Hill By September, 2020. Bus accident injuries are rare compared to other modes of transportation so expanding bus service could reduce auto accident injuries. Mayor John Tory announced that ambassadors likely transit employees, would be on board assisting the public. The automated shuttle for 8-12 citizens are…

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Injured Commuter Gets New Trial as Collateral Fact Rule Breached

The claimant boarded a city bus in Vancouver that accelerated suddenly causing her to lose her balance and fall. She sued, without a personal injury lawyer, and the trial judge dismissed her claim. The bus company cross examined the claimant using surveillance video in a subsequent bus incident to impeach her credibility claiming it was a…

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Bus Driver Negligent on Circumstantial Evidence

In a case of bus driver negligence causing injury, the Court of Appeal has dismissed the appeal of ICBC and Translink, finding the circumstantial evidence adequate to infer negligence (click here for Benavides v. ICBC, 2017 BCCA 15). However, the Court of Appeal sidestepped the real underlying issue: should public carriers be under a stricter test of…

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Start Your Claim With ICBC for Personal Injury

Making an injury claim with ICBC, Insurance Corporation of British Columbia, after a vehicle accident requires providing specific information and meeting certain deadlines. What you say to ICBC in the first 30 days can set the tone for how your injury case will be dealt with. How to start an injury claim with ICBC is made…

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Bus Passenger Ejected from Seat Wins $90,000 for his Injury

When injured as a passenger on a public bus, public carriers and bus drivers have a heavy burden to establish that they used all due, proper and reasonable care and skill to avoid or prevent injury to the passenger. This principle was reaffirmed in the personal injury case of Hutchinson v. Dyck, 2015 BCSC 1039. The claimant was…

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Offer to Settle Upheld Against Injured Bus Passenger

The claimant was injured when he fell while riding a bus.  We reviewed the  trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s  application to recover two thirds of the costs of the personal injury…

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Injury on Bus Fault of Driver and Elderly Passenger

This 93 year old personal injury claimant completely ignored  medical advice that he not travel on public transportation unassisted and injured his right shoulder after  trying to exit a moving bus (Bideci v. Neuhold, 2014 BCSC 542). There is however prima facie negligence against public carriers and the driver was found 2/3  at fault for not looking carefully…

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