In this personal injury case ICBC was denied their costs despite the claimant failing to beat a pre-trial offer to settle. ICBC made an offer of $93,500 to settle the lawsuit on behalf of the defendant 2 weeks before trial. The claimant refused the offer and was awarded $91,700 at trial (Zhao v. Yu,2015 BCSC 2342).…
The claimant slipped on a wet floor in the bathroom of the Nanaimo Burger King restaurant and injured his right shoulder and right knee. Buinesses are supposed to have a system in place for maintaining safety but the Court found no evidence that such system was in place (Scarfe v. Fernco Developments Ltd., 2015 BCSC 2310). In…
The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings. To require the trial judge to say more than he did in this case would be to impose an impossible burden on trial judges (Fadai…
Do not do the following when settling with ICBC: (1) Hold back your treatment expenses; (2) Agree to repay your employer’s insurance company after the settlement; (3) Put an inappropriate value on your case; and (4) provide unnecessary and irrelevant documents. You should know that even after settlement the ICBC settlement file will stay with…
The Insurance Corporation of British Columbia, ICBC, is a government created auto insurance monopoly entrusted with providing universal public auto insurance in British Columbia. However, ICBC has been using biased medical experts to deny legitimate personal injury claims, the following case is a recent example (Litt v. Hassan, 2015 BCSC 1920). This twisted and tainted approach to…
The claimant suffered injuries as a passenger on a bus operated by the South Coast British Columbia Transportation Authority, doing business as Translink and/or Coast Mountain Bus Company Limited (“Translink”). The claimant was 76 years old at the time of trial and claims that he fell when the bus on Translink’s route number eight stopped suddenly…
Seeking advice about the value of an ICBC claim? As a lawyer I am often asked whether there is list to go to find out how much a particular personal injury is worth. Essentially a list of body parts and corresponding compensation amounts for each area of the body. For example, $25,000 for whiplash to the…
In this minor damage car accident case ICBC denied the claim but the claimant sought a large award for personal injury damages. ICBC said that the claimant responded to ICBC’s denial of her claim by alleging injuries and losses that were not real or were not caused by the collision. The ICBC accident claim form she completed was not…
In this Chronic regional myofascial pain syndrome case the 35 year old ICBC claimant was stopped in her car at a red light when she was struck from behind by the defendant. Liability for the car accident was admitted. Injuries to her neck, upper and lower back, shoulders, depression, sleep disturbance, fatigue, headaches and has chronic…
A personal injury award for loss of future earning capacity was awarded to this claimant despite his janitorial business continuing to be successful and thriving since the car accident in question(MacDonald v. Joseph,2015 BCSC 1461) The claimant was a 29 year old passenger when the head on car accident occurred on Vancouver Island. The airbags deployed in the…
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