Our Supreme Court Judges have no power to deal with the rights of employees and the liability of employers when car accident personal injuries are suffered in the course of employment, concludes Judge Burnyeat after an extensive review of the law (Pinch v. Hofstee,2015 BCSC 1888). The claimant was injured in two motor vehicle accidents ( MVA#1 and…
Baffled, the Court was forced to award special costs after ICBC settled a personal injury case yet refused to pay costs. Lawyer Jacqueline Small obtained $2,000 in special costs and costs thrown away due to ICBC failure to response to a simple Bill of Costs. ICBC’s lawyer had failed to respond to the Bill of Costs…
After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC the circumstances and consequences within 30 days, the ICBC adjuster can remain tight lipped about…
In this Fast Track personal injury case, the claimant settled 5 months before trial and was successful in seeking the full amount allowed for legal costs pursuant to Rule 15-1(15) (Karp v. Kalsi,2015 BCSC 1949). The car accident in question occurred 4 years before the scheduled trial after the parties had exchanged documents and the claimant was examined for discovery.…
As a result of the car accident in question the claimant sustained injuries to her head, jaw, neck, shoulders, chest, back, left arm, left elbow, left wrist, left hand, left hip, left leg, and left heel. Importantly, the claimant had suffered an injury in a another almost identical motor vehicle accident just two years before the…
ICBC insured defendants have lost a bold application to name a family doctor for negligent treatment in this multiple car accident lawsuit (Jack v. Kendrick,2015 BCSC 1872). The claim is for injuries sustained in three separate motor vehicle accidents and the allegation was that the family doctor prescribed negligently large doses of opiates. In order for ICBC to obtain…
In this Chronic regional myofascial pain syndrome case the 35 year old ICBC claimant was stopped in her car at a red light when she was struck from behind by the defendant. Liability for the car accident was admitted. Injuries to her neck, upper and lower back, shoulders, depression, sleep disturbance, fatigue, headaches and has chronic…
This personal injury lawsuit arose from a motor vehicle accident which occurred when a trailer swayed in the wind and broke off injuring the claimant. This was a successful application by the claimant pursuant to Rule 9 – 7 of the Supreme Court Civil Rules for judgment against the defendant on the issue of liability. The court concluded…
The Court of Appeal has allowed an appeal of a police offer found 20% at fault for injury and death caused by a suicidal individual who drove his vehicle into oncoming traffic killing himself and the other driver (Bergen v. Guliker, 2015 BCCA 283). This case establishes that there is currently no recognized duty of care owned to the…
A personal injury award for pain and suffering is not reduced by a limited life expectancy and according to the Supreme Court of BC, advanced age should not be a factor either way in arriving at an appropriate award. This personal injury arose from a car accident at the intersection of Inverness Street and West 41st Avenue…
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