According to the Petition filed by the Trial Lawyers Association of BC ( “TLABC”) on March 15, 2024 the Disbursements and Expert Evidence Regulation, (the “DEER”) is an unauthorized exercise of government authority and infringes the Charter Rights of car accident claimants. The NDP government openly admit that this legislation was brought in to benefit…
Background to the 6% Cap on Disbursements The Disbursements and Expert Evidence Regulation caps disbursements in personal injury cases at 6% of the plaintiff’s total damages post-trial or settlement. It only applies to vehicle injury proceedings, essentially car accident cases. It requires injury claimants to apply to exclude disbursements from this cap before the disbursement…
Attorney General announces changes to Supreme Court rules On July 10, 2023 amendments to the Supreme Court Civil Rules and Supreme Court Family Rules were announced. The proposed changes aim to refine and clarify the rules governing civil proceedings in British Columbia, addressing aspects such as addresses for service, trial briefs, trial management conferences, and…
A dismissal of a claim against ICBC (Karbalaeiali v. Insurance Corporation of British Columbia, 2022 BCCA 223) was the subject of this appeal. The ICBC claimant was injured in two motor vehicle accidents and settled his claims for damages and benefits. Before settlement of the claims, he had difficulty obtaining no‑fault benefits and negotiating a…
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…
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…
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,…
In an ICBC claim, the injured claimant must establish on the balance of probabilities that the defendant’s negligence (other driver) caused or materially contributed to an injury. The defendant’s negligence does not need to be the sole cause of the injury so long as it is part part of the cause beyond the range of…
Canadian Lawyer Magazine reports on and delivers award winning content on important legal issues throughout the country. Jacqueline Small of our firm has been interviewed several times on issues relating to personal injury law in British Columbia by Canadian Lawyer Magazine. Ms. Small was recently featured in Canadian Lawyer Magazine’s story about ICBC’s 6% disbursement…
Dash Cam Footage in Your Injury Claim In an ICBC injury case dash cam footage can be the best evidence. When the fault for an accident is in question, video footage makes the difference. The issue of liability can largely be determined with strong evidence of video. Credibility and reliability are therefore very much ancillary…