Taxes on Legal Fees- PST, GST and Personal Injury Claims in BC

As of April 1, 2013 HST no longer applies to legal fees and legal services in BC.  In personal injury cases no income tax is payable on lawyer negotiated settlements for  pain and suffering compensation with the Insurance Corporation of British Columbia, ICBC, and other insurance companies. The Provincial change back to the PST and GST…

Read more

Roadside Pedestrian Wins Personal Injury Case

This side of the road car accident injury case(Ruchelski v. Moore, 2013 BCSC 492) applies the rarely used Presumption of Negligence principle set out in the seminal Supreme Court of Canada case of Fontaine. Experienced personal injury lawyers in Canada have been aware for some time that Fontaine completely did away with the rebuttable presumption of Res ipsa loquitur(the…

Read more

Winning Attacks on Injury Claimants Credibility- Uncertainty for Car Accident Victims

In Canada most believe that innocent victims injured in car accidents should obtain some amount of compensation, however minimal, for pain and suffering and other losses without an attack on the victims credibility- In British Columbia this money usually comes from the Insurance Corporation of British Columbia, ICBC, on behalf of the at fault driver- However in two personal injury appeal…

Read more

Brain Injury after a Car Accident- Help Understanding Symptoms

As a personal injury lawyer in Vancouver I have the good fortune of having a Brain Surgeon as a father. In this exclusive video, Dr. R.O. Holness, Neurosurgeon since 1975, touches on the symptoms of brain injury after car accidents.  Family members are often the first to contact my personal injury law firm for help after…

Read more

Advocate for Car Accident Spinal Injury Claimants- the Complications

As a personal injury lawyer I have the  good fortune of having a Neurosurgeon as a father. Head of Neurosurgery for over a dozen years Dr. R.O. Holness explains in this exclusive video the complications from spinal cord injury due to motor vehicle accidents. People with significant spinal cord injuries definitely have a shortened life span. It may not…

Read more

Personal Injury Claimant Without Lawyer Loses Car Accident Appeal

There may be many reasons why you need to get a personal injury lawyer after a car accident and the lack of legal understanding is the number one destroyer of good cases. In this personal injury case the claimant did not have a lawyer and her case was a failure(Kapelus v. Hu, 2013 BCCA 86)  due to…

Read more

False ICBC Statements by Claimant with no Lawyer Forces $200,000 Repayment Order

In this lying to ICBC about a car crash case (ICBC v. P.,2013 BCSC 238)a couple that made false statements to ICBC about a car accident was ordered to pay over $200,000 to ICBC as repayment of benefits paid.  None of the litigants had hired a lawyer before making these statements to ICBC and they had involved friends…

Read more

Legal Fee Compensation for Car Accident Claims to be Considered

Compensation for legal fees in car accident personal injury cases is slated to be further explained, clarified, and examined by the court (Lee v. Jarvie, 2013 BCCA 17). The BC Court of Appeal granted leave to appeal  in this car accident award for personal injuries after the claimant was only awarded 50% of his legal costs and the defendants were awarded 50% of…

Read more

Free Legal Advice Before Speaking with ICBC

As a personal injury lawyer in Vancouver since 1995 I have always been open to providing a free initial consultation for people dealing with ICBC following a car crash . Getting no fee lawyer advice can be a lifeline and true asset at the beginning of an ICBC claim, just after the car accident. Hiring an experienced lawyer for a…

Read more

How Much Whiplash Compensation from ICBC when Headrest Not Adjusted

Putting the true value on whiplash claims when ICBC and other auto insurance companies offer $5,000, $10,000, $15,000, $20,000 or more can be a challenge for a personal injury lawyer in British Columbia, not to mention claimants without lawyers. Today’s  topic is how headrest use can impact the value of your soft tissue injury, or whiplash claim. This can be an important consideration when trying…

Read more