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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Hosting Thanksgiving Dinner Inconsistent with Functional Capacity Evaluation

In this car accident injury case the claimant was a passenger when her vehicle was side swiped. she did not hit her head, and did not lose consciousness. The vehicle damage was minor. Eight months following the claimant had resumed full-time duties as a dental receptionist. She was also able to do the housework, food…

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ICBC Injury Benefits For Motor Vehicle Accidents After April 1, 2019

This article provides a brief overview of the steps to be taken in making a claim for accident injury benefits with ICBC. This guide only applies to accidents that occurred on or after April 1, 2019. Jurisdiction of the Civil Resolution Tribunal A Notice of Civil Claim can no longer be filed to preserve the…

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David Eby Misled the Public about ICBC No-Fault Insurance

 Insurance Corporation of British Columbia and David Eby, the Minister Responsible for ICBC Before Attorney General David Eby brought in ICBC no-fault auto insurance he told the public this would not happen. Mr. Eby said no-fault auto insurance would not be considered. Injury victims relied on Mr. Eby to be truthful and continued to pursue…

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ICBC Power to Deny Injury Costs Overturned

Injury Claimants Now  Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…

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ICBC Tries to Delay Injury Trial and Loses

If ICBC is not ready for trial, it can apply to the court for an order adjourning (rescheduling) it to a later date.  The court will not automatically adjourn a trial.  There is a heavy burden on ICBC to prove why an adjournment is necessary before the order is granted.  If the order is denied,…

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ICBC Wins Appeal of $2.4 Million Income Loss Award

The Court of Appeal has re-defined the concept of indivisible injury in the assessment of civil damages ( Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 ). The legal distinction between divisible and indivisible injuries is an important question of law in many personal injury cases. In this case review we will explain…

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What are the different types of ICBC Claims available to me?

What Types of ICBC Claims Are Available to You? If you have been injured in a motor vehicle accident, you may be overwhelmed with not only your own injuries and rehabilitation, but also with figuring out how to deal with ICBC.  You are likely wondering what types of claims you can make against ICBC, how…

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Another Trial Win Against ICBC for Holness and Small

On May 27, 2021 the Supreme Court awarded our client more than double the amount ICBC offered for compensation for car accident injuries after a short four day trial. In awarding $90,000 for her pain and suffering the judge took into account the plaintiff’s age; the nature of the injury; the severity and duration of…

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