In this stunning decision the Supreme Court of Canada has overturned the decision of the Nova Scotia Court of Appeal and restored the verdict of the Jury dismissing the infant’s personal injury claim (Annapolis County District School Board v. Marshall,2012 SCC 27). The injury claimant, a four-year-old, was playing with his brothers in front of the family home…
In this low velocity impact (LVI) Vancouver car accident claim( Guzman Gonzalez v. Dueck, 2012 BCSC 792) the driver that rear ended the injury claimant refused to pay the claim alleging that the claimant was not injured or, in the alternative, any injuries sustained in the car crash did not cause pain and suffering beyond about six months after the…
In this New Westminster car accident claim the BC Supreme Court concluded that the injury claimant did not suffer a brain injury(Minhas v. Sartor, 2012 BCSC 779). The court said that the claimants testimony must be regarded with scepticism and given little or no weight. The claimant demonstrated at this trial that he was both an unreliable and a…
This was a collision coverage claim against Insurance Corporation of British Columbia, ICBC, (King v. Insurance Corporation of British Columbia, 2010 BCSC 1740) for a declaration of insurance coverage relating to a car accident which occurred at the intersection of Highway No. 1 and the Brunette Avenue exit in the City of Coquitlam, British Columbia. ICBC alleged that…
As a personal injury lawyer in British Columbia I am often asked, “How much is my ICBC car accident injury worth?” by clients and potential clients. Many car accident injury claims involve damages to the muscles and ligaments (soft tissue) in the neck which is commonly referred to as Whiplash. For the purpose of injury…
This BC Court of Appeal personal injury case is another example of just how important an ICBC statement is in a car accident lawsuit(Power v. White, 2012 BCCA 197). The Court upheld the decision of the Supreme Court of BC finding the rearending driver fully at fault despite the injury claimant having swerved and braked in front…
When the Insurance Corporation of British Columbia decides to deny a personal injury claim after a car accident, often the only recourse is to file a lawsuit. Depending on the level of court, there are rules that control the court proceeding and claimant lawyer’s best options are usually assisted by the use of the…
Personal injury claimants in British Columbia should be aware of how the Courts deal with photos and videos kept at their Facebook accounts. As a personal injury lawyer in Vancouver since 1995 I have had to address privacy concerns for my personal injury clients in almost every case. With the evolution of social media, insurance…
In this Fast Track car accident injury case (Bissonnette v. Horn, 2012 BCSC 518) the injury claimant was a passenger in a vehicle driving southbound on 203rd Street, near Michaud Crescent, in Langley, B.C. Another vehicle, also traveling southbound on 203rd Street, cut off the claimant vehicle causing it to lose control, which then came in contact with a utility…
In this Vancouver filed car accident injury claim(Sandhar v. Rolston,2012 BCSC 495) the Supreme Court of BC says that at fault driver’s are still responsible for injuries that continue after an intervening injury for which the claimant is at fault.The claimant’s car was struck from behind by another motor vehicle and her car was pushed into another…
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