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…
The claimant suffered injuries in a car accident, alleged loss of earnings but failed to disclose court ordered work calendars, personal loan documents, and income tax returns. The Master ordered a harsh sanction of $25,000 against the claimant for failure to disclose the documents. The Supreme Court ,on Appeal, however disagreed with this harsh and punitive sanction (Badreldin v.…
Learn about reporting a car accident in Vancouver. Here are some helpful links to checklists and articles about when, where, why and how to report a car accident in Vancouver to the Insurance Corporation of British Columbia, ICBC: Report Accident to ICBC with a Lawyer VS. Without a Lawyer: Is there a Difference? Making an ICBC…
This personal injury claimant, born and raised in the Lower Mainland, was awarded $14,000 for his legal costs and the defendant was ordered the pay the trial costs of the his medical experts (Mothe v. Silva,2015 BCSC 1053 ). The claimant was injured in a motor vehicle accident that occurred at River Road in Richmond, BC…