This car accident claimant with born with spina bifida, scoliosis and kyphosis. When she was three she had her fibula taken from her left leg and fused into her spine. All her life, she has suffered pain, primarily from the kyphosis. However, she has always managed that pain (Cantwell v. Warren, 2017 BCSC 856). The car accident…
The victim of a drunk driving accident settled with ICBC by way of an all-inclusive payment by ICBC in the amount of $212,000. The drunk driver responsible admitted the settlement was reasonable but denied being drunk and refused to repay ICBC the settlement amount paid to his victim, as is required in such cases of insurance…
The lawsuit after a car accident injury usually includes a very general claim for losses such as “injury, loss and damage”. However, the insurance company lawyer can demand more details, what is referred to as “particulars” of your injuries and losses claimed. In today’s article we address whether it is necessary to give ICBC a list…
A sprinkling of true judicial magic was used to arrive at a fair award in this multiple injury case. This was a complicated personal injury case arising from three car accidents wherein the injury claimant settled the second of the three claims with the Minister of Justice but could not reach settlement with Insurance Corporation of…
Unquestionably one of the most compelling destination compendiums of our planet, Google Earth is sure to assist many personal injury lawyers steer clients and potential clients in the right direction. The future is bright for this mother of all Earth browsers, so here are a few important features personal injury lawyers need to know: Seamless transition from 3D…
Disability benefits through a work insurance policy for short or long term disability may not be deductible from your client’s anticipated ICBC tort award under the insurance exception. Luis v. Marchiori,2015 BCSC 1 is good law on the matter and quotes Dionne v. Romanick, 2007 BCSC 436, at paras. 113-121 as follows: “[113] The question of whether…
Going on a vacation after a car accident injury can change the direction of any ICBC injury claim. Whether it is for Spring break, pre-planned vacation or other time off work, here are three important tips to for travelling ICBC injury claimants: Discuss Travel Plans with your Doctor Tell your family doctor and therapists about travel plans before…
Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary. The following personal injury case tried unsuccessfully to prove otherwise ( click here to review full case of Wright v. Mistry,2017 BCSC 239).…
In this wrongful conviction case the Province was ordered to pay compensatory damages in the amount of $530,000, special damages in the amount of $56,691.80, and damages in the amount of $7,500,000 to serve both the vindication and deterrence functions under s. 24(1) of the Charter. The plaintiff was awarded costs at Scale C of Appendix…
This personal injury case was raised from the dead by a rather direct referral to Access Pro Bono by Madam Justice Bennett allowing the claimant to obtain important free legal advice. The lawyer from Access Pro Bono agreed to continue to act for the unrepresented claimant and the appeal was reinstated. The claimant was indigent and did not…