Discrimination Claim Against ICBC No-Fault Injury System Ends in Dismissal

This self-represented injury claimant brought a lawsuit against the Attorney General aiming to have the ICBC no-fault legislation overturned (Lee v. British Columbia (Attorney General), 2024 BCSC 865). He complained that he cannot sue the driver for negligence under the amended Insurance (Vehicle) Act (IVA), which permits lawsuits only if criminal conduct is involved. The…

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Witness Testimony and Constructed Emotions: A New Way to Understand Credibility

  The interpretation of witness evidence plays a pivotal role in shaping the outcome of many injury cases. Understanding the emotional states and intentions of witnesses can be a crucial factor in assessing the credibility of their testimony. Our discussion of the theory of constructed emotions provides valuable insights for lawyers when interpreting witness evidence.…

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Modern Brain Injury Scans Still Inadmissible in BC Supreme Court

Brain injury diagnosis and assessment in personal injury cases has changed in the last 30 years. Technology and new discoveries have  provided more accurate tools for evaluating the existence of brain injury. However, the British Columbia court system has been slow to recognize and utilize these new tools. Unlike Ontario, the BC courts have recently…

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Social Media Photos and Videos Ordered Disclosed

The Facts In this car accident personal injury case the defendant sought  production of photos, videos, screen shots and social media posts of the claimant.  The ICBC’s special investigators conducted an investigation into the claimant’s social media presence, and while the claimant has made all of her accounts private, the investigator was able to locate…

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ICBC Not Entitled to More than One Examination for Discovery

When injured in a car accident the lawsuit requires that claimants attend an examination for discovery. The examination for discovery is a process in which the injured person is asked questions under oath. The transcript of questions and answers can be used at trial to cross examine the claimant. Often the insurance company lawyer will…

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Adjourning ICBC Injury Trials During Coivd-19

ICBC injury claimants need to be prepared during the Pandemic to have their trial canceled or rebooked due to Covid-19 related issues. If this happens, a money advance can be requested from the judge. As a personal injury lawyer I have had an ICBC injury trial adjourn because the ICBC lawyer fell ill during Covid-19.…

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COVID-19 Suspends ICBC Injury and Civil Limitation Periods

Personal injury cases with time limits falling after March 26, 2020 have been stalled by COVID-19. Car accidents, ICBC injury claims, slip and falls, medical malpractice and other civil claim limitations will be in large part suspended due to the pandemic. However, the Supreme Court Registry confirmed with us today that they are still accepting…

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Coronavirus: Legal Impact of the Global Pandemic 2020

There are several legal implications arising from the sudden spread of COVID-19 (coronavirus) into a global pandemic. For businesses, contracts, investment and funding arrangements will be tested and maybe breached. Emergency and “act of God” clauses are being reviewed for venture projects. Supplies chain agreements and funding provisions are now under legal scrutiny. Coronavirus is…

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ICBC Helped by Dumbing of the Courts

The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes. The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC,…

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