Claim Dismissed at Trial – Injured Claimant Fails to Prove Negligence Against Unidentified Driver

As discussed in prior blog posts, the issue of liability is central to all personal injury claims.  An injured claimant who wants to pursue compensation for injuries must prove that another driver was negligent and that this negligence caused the motor vehicle accident and the injuries.  An injured claimant cannot be found entirely at fault…

Read more

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…

Read more

Jacqueline Small Interviewed Again by Canadian Lawyer Magazine – ICBC Hit & Run Claim and Credibility

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…

Read more

ICBC Hit & Run Claim Dismissed at Trial due to Failure of Injured Claimant to Question Hells Angel

If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC.  The law in British Columbia requires you to take certain steps to identify the driver who fled the scene.  If these steps are not taken, then…

Read more

ICBC Denies Hit and Run Claim but Court Disagrees

This personal injury case was lodged against the Insurance Corporation of British Columbia (“ICBC”) for damages arising from a hit-and-run motor vehicle collision which occurred near the Strawberry Hill commercial complex at the corner of 120th Street and 72nd Avenue in Surrey, British Columbia. ICBC was named as the nominal defendant in this action as the claimant was unable…

Read more

Lawyers Guard Confidentiality and Bring Important Claims

A personal injury lawyer’s duty to guard confidentiality and to serve the best interest of the client is recognized in this Court of Appeal decision : Nuttall v. K.,2018 BCCA 341. The lawyer successfully appealed a special costs order against him for adding a party to a hit and run personal injury claim, which was found later…

Read more

ICBC Blames Officer for getting Run Over by Shoplifter But Judge Disagrees

In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”.  He…

Read more

Hit and Run Driver must pay $100,000 in Punitive Damages

This personal injury case involved a driver that fled the scene of a car accident causing serious injury to the ICBC claimant. The judge was not only satisfied that it was the defendant that was the driver the judge awarded the claimant $100,000 in addition to the award as punishment for the hit and run driver fleeing…

Read more

Local Governments Allowed Draconian Bar on Injury Claims

Our law makes it more difficult to sue local governments than private citizens. Local governments are treated differently from other litigants in BC by requiring injury claimants to give written notice within a very short period following an incident to the local government. Most local citizens are unaware of this requirement and when injured on city…

Read more