In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Thomson v. Fraser 2021 BCSC 541, the injured claimant was a 21 year-old security guard at the Pan Pacific Hotel in Vancouver. The defendant was a private school teacher at the prestigious Shawnigan Lake School on Vancouver Island. Before the…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed again by Canadian Lawyer Magazine about an ICBC hit and run case which was dismissed at trial. Ms. Small wrote a blog article on this ICBC hit and run case where the injured claimant’s credibility was a key factor in…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed by Canadian Lawyer Magazine about an ICBC case involving an injured claimant who suffered severe PTSD. Ms. Small originally wrote a blog article on this ICBC PTSD claim which proceeded to trial. In that ICBC case, the injured claimant was…
A high percentage of people purchase insurance without understanding the important details of the insurance policy. This can turn into a nightmare when a claim is denied due to an exclusion in the policy that was unknown or misunderstood at the time the insurance was purchased. ICBC is no different. Most people have no understanding…
Doctors are placed in a position of trust and confidence when dealing with patients. The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary. Doctors are considered fiduciaries and patients are considered beneficiaries. A doctor’s obligation to act in his/her patient’s best interests is understood as the…
In the past year, an unusual number of ICBC cases have proceeded to trial. This is in large part due to ICBC’s current tactic of offering unreasonable and low ICBC settlement offers. As a result, numerous trials have been adjourned and postponed because there simply are not enough judges or courtrooms to handle the amount…
In a previous blog post, we discussed certain circumstances where an accepted ICBC settlement offer can be overturned and rejected. The question then is whether you can also reject an accepted offer from a private non-ICBC insurance company relating to medical malpractice injury claims, slip and fall injury claims and private property injury claims. Overturning…
In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…
In a prior blog post, we discussed the current state of ICBC settlements in 2020. Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants. When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial. This…
Sports are a large part of our society. Millions of Canadians have participated in and have been spectators in amateur sports and professional sports. Sport injuries to both participants and spectators are unfortunately common due to the inherent risks of the game. Participants are deemed to accept the inherent risks of a sport injury if…