In this personal injury car accident case ICBC applied for an award of its costs or, alternatively, to deprive the claimant of their costs. ICBC offered to settle for $50,000.00 with the husband and $150,000.00 for the wife. After more than two weeks at trial the Judge awarded the wife $75,000.00 and the husband $189,000.00. (Liu…
Over $75,000.00 was added to this personal injury award on account of the Increased discount rates! (McLeod v. Goodman,2014 BCSC 1551), Future loss of earnings and costs of future care in ICBC injury claims now have to be increased to more accurately reflect the claimants real losses. As a result of changes to the discount…
This motor vehicle accident personal injury case required the Supreme Court to put a value on the pain and suffering for an eight year old boy with severe facial scarring and soft tissue injury. Tragically, his mother and his twin brother were killed, and his significant facial scarring had required him to endure numerous uncomfortable surgeries…
ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…
The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower. On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…
This personal injury case began on Highway 1 approaching the Herrling Island exit when a sanding truck struck the claimant’s vehicle and caused him to lose control and hit the rock face. The Insurance Corporation of BC, ICBC, denied the hit and run claim on the grounds that it was a single‑car accident and that a…
This is a review of an award of double costs against an ICBC insured for failure to accept a reasonable offer of settlement( J.D. v. Chandra,2014 BCSC 1272) . This successful personal injury claimant offered to settle her ICBC case for $200,000 after attending a Judicial Settlement Conference. The Insurance Corporation of British Columbia, ICBC, rejected the…
The claimant was injured when he fell while riding a bus. We reviewed the trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s application to recover two thirds of the costs of the personal injury…
A personal injury class action lawsuit was settled by agreement regarding British Columbia residents who were infected with the Hepatitis C virus by transfusion of blood from the Canadian blood supply before January 1, 1986 and from July 2, 1990 to September 28, 1998, and their family members and estates. The settlement agreement was approved by…
This car accident injury claimant was offered $450,000 to settle his settle her personal injury claim against ICBC and its insured(Brewster v. Li,2014 BCSC 463). When the offer was refused the case proceeded to a Supreme Court trial and after 9 days she was awarded $418,500, over $30,000 lower than the ICBC Offer. The Judge…