This claimant did not have a lawyer and his lawsuits against ICBC were dismissed by the court. This decision was clearly to help prevent misuse of the litigation process (Keremelevski v. Insurance Corporation of British Columbia,2011 BCCA 369). What was clear to the Court of Appeal was that the proceedings had no sensible basis in law or fact…
This is an ICBC car crash injury costs case which happened at the intersection of 64th Avenue and 152nd Street in Surrey, BC(Gatzke v. Sidhu, 2011 BCSC 1214). It was dark and raining. The injury claimant was westbound on 64th Avenue and her evidence was that she was planning to drive further along 64th and eventually to turn right and…
I have been a personal injury lawyer in British Columbia since 1995 and represent people that have been injured in car crashes, bike accidents and many other types of situations such as pedestrian and truck accidents. It is not uncommon for me to get a call from an ICBC injury claimant that is not happy…
When a personal injury claimant suffers a brain injury as a result of a car accident there are many steps that can be attempted in the road to recovery. In Vancouver, BC we have recognized healthcare centres for spinal cord and brain injury. Before making a settlement with the Insurance Corporation of British Columbia, ICBC,…
Since the decision of the BC Court of Appeal in Bradley v. Groves, 2010 BCCA 361, leave to appeal to S.C.C. refused, 2011 CarswellBC 890, it has been much easier for the court to make decisions involving multiple car accidents. In this personal injury case the injury claimant suffered injuries in four car accidents and claims against…
Given the similar roadways in the Lower Mainland personal injury lawyers helping injury claimants usually deal with very similar types of car accident injuries. As you get into more pedestrian congested areas bike lane and pedestrian injuries become more common and even the best personal injury lawyer will need to do the proper legal research to…
This is a car accident psychiatric condition personal injury case(De Sousa v. Bradaric and Borthwick, 2011 BCSC 1134) and the court application was about the psychiatric injuries being claimed. The defence requested of the court that the personal injury claimant be required to attend for a second psychiatric defence medcial examination. In rejecting the request the judge pointed out, “[15] In…
In a stunning concession by our Supreme Court, the law apparently favours the Insurance Corporation of British Columbia (ICBC) having no legal obligation to inform hit and run injury victims of their legal rights(Morris v. Doe, 2011 BCSC 1053). The injury claimant was injured in a car accident at the intersection of South Fraser Way and Ware…
The British Columbia trial judge in this stunning Disc Disease versus whiplash injury case (Farrant v. Laktin,2011 BCCA 336) was found to be wrong after misapprehending the threshold issue of causation as an “either/or” proposition and further erred in failing to consider whether there was a substantial connection between the accident and the injury claimant’s disabling…
In this Vancouver car crash injury claim (Olianka v. Spagnol,2011 BCSC 1013) the ICBC injury claimant was seeking compensation resulting from injuries he suffered when the car he was driving was hit from behind at the intersection of King Edward Avenue and Valley Drive in Vancouver. The other driver admited fault for the car accident and…