Not Wearing a Seatbelt Does Not Automatically Reduce Injury Damages In Chau v. Courchesne, 2026 BCCA 345, the BC Court of Appeal confirmed that a passenger’s failure to wear an available seatbelt does not automatically justify reducing a personal injury award. The defendant must prove that the failure actually caused or increased the injuries sustained…
A Record-Setting Award Before the No-Fault Changes The Supreme Court of British Columbia’s decision, 2025 BCSC 2006, stands as one of the larger personal injury awards in recent provincial history. This case was decided under the old tort type system, before the introduction of British Columbia’s “minor injury” and no-fault insurance model. It demonstrates how,…
In today’s case, Thiessen v. Kepfer, 2025 BCSC 127 the Supreme Court ruled on cost awards following an ICBC personal injury trial. The plaintiff was awarded $1,224,699.74 in damages for injuries sustained in a motor vehicle accident which occurred in April, 2017. The key issue in this cost ruling was whether the plaintiff was entitled…
In MacFarlane v. Gustafson, 2024 BCCA 400, the injury claimant sought personal injury damages arising from a serious car accident injury. The claimant made a reasonable offer before trial which was rejected. One key matter concerned the trial judge’s decision to award double costs to the claimant under Rule 9-1(1)(c) of the Supreme Court Civil…
In the personal injury case of Sharma v. Sagoo (2024 BCCA 319), the claimant appealed the trial judge’s award for various heads of damages, including the cost of future care. The trial judge had awarded $6,600 for future care, a figure that included reduced amounts for treatments such as physiotherapy, massage therapy, custom orthotics, and…
In the personal injury case of Reaume v. Rossetto, 2024 BCSC 1430, the Supreme Court of British Columbia awarded double costs the a successful claimant. The claimant was awarded $1,021,953 in damages for personal injuries sustained in a motor vehicle accident. Subsequently, she sought double costs from the defendants under Rule 9‑1(4) of the Supreme…
In the personal injury case Kherani v. Da Silva, 2024 BCSC 1349 the claimant sought damages for personal injuries arising from a 2017 motor vehicle accident. The collision affected her ability to work as an ophthalmic surgeon, leading to a significant loss of income-earning capacity. This case summary focuses on the plaintiff’s loss of earnings…
In this personal injury appeal, the Court of Appeal addressed the quantum of damages for past and future loss of income arising from a motor vehicle accident (Tigas v. Close, 2024 BCCA 223). The injury claimant alleged a loss of over $3 million at trial and was only awarded under $500,000. The appellants contested the…
Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…
In this car accident injury case the claimant was a passenger when her vehicle was side swiped. she did not hit her head, and did not lose consciousness. The vehicle damage was minor. Eight months following the claimant had resumed full-time duties as a dental receptionist. She was also able to do the housework, food…
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