The primary issue in this personal injury appeal was the trial judge’s finding of causation for damages awarded to the claimant following a motor vehicle accident. The case was heard before the Honourable Justices Stromberg-Stein, Voith, and Skolrood. The appellants sought to overturn the damages awarded, arguing that the trial judge made a palpable and…
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…
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.…
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…
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…
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…
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.…
Prior consistent statements are inadmissible to prove the truth of a statement. However, the use of such statements as narrative is allowed to show the fact or timing of a complaint. These statements may be of assistance in determining its truthfulness or credibility ( R. v. Dinardo, 2008 SCC 24, at para. 37). They may…
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…
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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