Dismissal of Injury Claim Overturned as Claimant had an Excusable Delay

This dental injury claim in BC  involves  three lawsuits alleging  injury due to negligent dental treatment. This was an appeal from an order of a Master dismissing the injury claim.  The dismissal was based on the claimant’s failure to submit for a second time to a medical examination  and, more generally, on want of prosecution pursuant to Rule 22‑7(7). …

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Hit and Run Driver Escapes and Injury Claim Dismissed Against ICBC

In an unfortunate turn of events this innocent injury claimant was denied compensation against ICBC in a hit and run car accident in Abbotsford, British Columbia(Morris v. Doe, 2011 BCSC 253). The claimant was injured in a motor vehicle accident at the intersection of South Fraser Way and Ware Rd. in Abbotsford when her husband was driving…

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Free ICBC Legal Advice for Car Accident Injury Claims- Myth and Reality

As a personal injury lawyer suing ICBC for injury claimants in British Columbia since 1995 I welcome calls from anyone anyone seeking help for injuries caused by the fault of others.  It is a myth that an injury lawyer can tell you what your case is worth by simply talking to you on the phone. That would…

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ICBC Denies Coverage But Court of Appeal Orders Payment for Car Fire Loss

The appellant, in this car fire loss claim(Swailes v. Insurance Corporation of British Columbia, 2011 BCCA 95), leased a new Chevrolet Corvette automobile. He insured it under a comprehensive policy with the Insurance Corporation of British Columbia (ICBC).  The vehicle was subsequently destroyed by fire. ICBC denied coverage under the policy, and the claimant sued ICBC  for…

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ICBC Dial-A-Claim Car Accident Injury Report- A Checklist for First Contact

When injury claimants contact my law firm after a car accident they have either reported the accident to the Insurance Corporation of British Columbia, ICBC, or not.  As with most other insurance companies the Insurance Corporation of British Columbia requires that an insured file an injury claim within a certain time and in a particular…

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Bicycle Accident in Vancouver Results in Minor Back Injury Award to Car Accident Claimant

The injury claimant in this ICBC bike accident case (Dempsey v. Oh, 2011 BCSC 216) was riding his bicycle on 16thAvenue in Vancouver  when he collided with a panel van.  In addition to scrapes and bruises, the claimant said he suffered soft tissue injury which were so debilitating that he could not perform his work as a real estate…

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ICBC Settlement of Car Accident Injury Claims Overturned as Lawyer had No Authority

The litigants  in this multiple car accident ICBC injury case (Johnson v. Wells, 2011 BCSC 201) return to court to complete their arguments on whether there was a settlement of an injury claim with an ICBC adjuster. In an earlier decision in this ICBC car accident settlement case the  Supreme Court of BC ordered cross-examination of the Insurance Corporation of British…

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Injury Claimant Not Required to Attend Medical Exam or Pay Unreasonable Cancellation Fees

In this medical examination court application ( Minhas v. Virk, 2011 BCSC 191) the insured wanted the injury claimant to attend multiple medical examinations. The claimant agreed to attend several examinations but the lawyers could not agree on a number of terms for further exams. The claimant was involved in a motor vehicle accident and was…

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Car Accident Case In Vancouver Injury Claimant Found 75% at Fault

This was  a  personal injury trial(Knight v. Li,2011 BCSC 184) solely on the issue of fault for a motor vehicle accident that occurred at the intersection of West 41stAvenue and Angus Drive in Vancouver.  It is common in British Columbia for personal injury lawyers and judges to agree that the issue of fault be decided before the…

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Offer of “six pack” at Trial Management Conference Helps Establish Double Costs for the Injury Claimant

This order for costs in a personal injury action  follows the decision in Jack v. Tekavec, 2010 BCSC 1773, finding a landlord at fault for a faulty balcony railing causing serious injuries to the claimant. The trial judge awarded damages of $322,463.78. The claimant delivered an offer to settle the lawsuit to the landlord’s lawyer long before…

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