In this car and bicycle injury ICBC case (Kooner v. Singh, 2011 BCSC 1384) the Insurance Corporation of British Columbia wanted the injury claimant to have their personal injury case heard in Small Claims Court. The lawsuit involved a personal injury that occurred at or near the intersection of 96th Avenue and 128th Street in Surrey,…
This is an ICBC car crash injury costs case which happened at the intersection of 64th Avenue and 152nd Street in Surrey, BC(Gatzke v. Sidhu, 2011 BCSC 1214). It was dark and raining. The injury claimant was westbound on 64th Avenue and her evidence was that she was planning to drive further along 64th and eventually to turn right and…
The British Columbia trial judge in this stunning Disc Disease versus whiplash injury case (Farrant v. Laktin,2011 BCCA 336) was found to be wrong after misapprehending the threshold issue of causation as an “either/or” proposition and further erred in failing to consider whether there was a substantial connection between the accident and the injury claimant’s disabling…
In this Vancouver car crash injury claim (Olianka v. Spagnol,2011 BCSC 1013) the ICBC injury claimant was seeking compensation resulting from injuries he suffered when the car he was driving was hit from behind at the intersection of King Edward Avenue and Valley Drive in Vancouver. The other driver admited fault for the car accident and…
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…
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…
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…
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…
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,…
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…