In the personal injury case of Reaume v. Rossetto, 2024 BCSC 1430, the Supreme Court of British Columbia awarded double costs the a successful claimant. The claimant was awarded $1,021,953 in damages for personal injuries sustained in a motor vehicle accident. Subsequently, she sought double costs from the defendants under Rule 9‑1(4) of the Supreme…
In the personal injury case Kherani v. Da Silva, 2024 BCSC 1349 the claimant sought damages for personal injuries arising from a 2017 motor vehicle accident. The collision affected her ability to work as an ophthalmic surgeon, leading to a significant loss of income-earning capacity. This case summary focuses on the plaintiff’s loss of earnings…
ICBC claimed bias of the trial judge in the following ICBC injury case. The Court of Appeal disagreed with ICBC, BC’s auto insurance monopoly. In particular ICBC claimed, without success that it was unfair that the judge: Expressed cynicism about the legislature’s motives in limiting the number of expert reports that can be commissioned; Commented…
How Much money will ICBC injury claimants get for injuries? The new ICBC laws eliminate the ability of car accident victims to bring claims to compensate for injuries. For accident after May 1, 2021 money is no longer awarded for pain and suffering as a result of negligent driving. ICBC injury benefits are now capped…
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,…
As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…
A Supreme Court of British Columbia judge has certified a class action lawsuit on behalf of injured claimants and ratepayers against ICBC and the Government of BC in relation to making illegal ICBC payments to MSP contrary to the law. In relation to injured claimants, these illegal payments by ICBC are especially egregious for the…
As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system. The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …
In prior blog posts, we have written about ICBC’s current strategy of making low offers to settle which drive cases to trial unnecessarily instead of settling for a fair and reasonable amount. This has resulted in enormous amounts of money being spent by ICBC wastefully with the NDP instead blaming injured claimants. ICBC’s mismanagement and…
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…
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