ICBC Minor Damage Defence Fails

This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common…

Read more

ICBC Given Special Legal Status to Prevent use of Expert Reports

On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…

Read more

Occupational Medicine Expert Report Inadmissible in Jury Trial

The claimant was a pedestrian injured in a car accident. She hired a medical doctor specializing in occupational medicine to assist at the personal injury trial. In that capacity, Dr. B. was qualified as an expert “capable of providing expert opinion evidence with respect to the diagnosis, prognosis, rehabilitation, and functional and occupational, vocational and…

Read more

Running Pedestrian with Hoody and Headphones 80% to Blame for Injuries

The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 BCCA 442) The accident occurred at the intersection of Mount View Avenue and Sooke Road…

Read more

No Claim for the Family After a Car Accident says Judge

During the opening statement to a jury in a personal injury case the defence made several objections. After the jury left the courtroom, no less than 5 objections to the opening were made to the judge. All objections were essentially dismissed except one, which resulted in additional instructions being made by the Judge to the jury.…

Read more

Medical Examinations to Promote Equality in Civil Lawsuits

In this exceptional  case, the Court of Appeal reviewed,but did not weaken, the requirement to attend medical examinations in personal injury civil cases. This decision will not affect claimant requirements to attend ICBC medical examinatons for accident benefits. ICBC has a unique set of laws that govern their conduct differently than other parties to a…

Read more

Jury Approved for Intricate and Complex Injury Case

In our Province, even insurance companies have a right to a jury in personal injury matters. We review an application by an injury claimant to strike a jury notice on the grounds the case was too complicated and required scientific investigation. The personal injury case arose from a motor vehicle accident that occurred in Delta, British Columbia (Khan v.…

Read more

Immigration File Disclosure in a Personal Injury Case

The claimant was injured in a motor vehicle accident and alleged the car accident caused physical and psychological injury, including nervous shock. The claimant emigrated to Canada 10 years before the application and had come with a history of  experiencing beatings, tortures and slavery. The defendant sought a court order for his file from Immigration, Refugees…

Read more