In the first reported 6% disbursement cap case, Nagra v. Prasad,2023 BCSC 2297 the plaintiff sought an exclusion of disbursements under the Disbursements and Expert Evidence Regulation, B.C. Reg. 31/2021. The regulation, effective November 27, 2023, capped disbursements at 6 percent of a plaintiff’s total damages, requiring applications to exclude disbursements before they are incurred.…
In this personal injury case the car accident occurred in February 2021. The plaintiff alleged severe and ongoing injuries affecting her ability to work as a registered nurse.(Wiggins v. Yokota 2023 BCSC 219) The ICBC lawyer originally on the case did not plead the Minor Injury cap as a defense. The new lawyer sought to…
Financial hardship is expected for those injured in car accidents in British Columbia. David Eby and the NDP have brought back the 6% cap on injury victim’s case expenses. The Disbursement and Expert Evidence Regulation will create prejudice for those injury victims left fighting ICBC and their lawyers. The change in law prevents injury victims…
ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money…
In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…
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…
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…
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…
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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