This Court of Appeal personal injury case has only affirmed, and not changed, the law surrounding loss of capacity claims, including loss of renovation, landscaping , house-cleaning, and housekeeping Capacity ( Reynolds v. M. Sanghera & Sons Trucking Ltd.,2015 BCCA 232). We focus on loss of landscaping capacity as well as loss of renovation capacity claims in motor…
Assessing fault after a car accident involves applying the common law duties of care. This personal injury lawsuit concerned the determination of liability for injuries sustained in a motor vehicle accident at the intersection of Fraser Street and East 12th Avenue in Vancouver (Boyd v. Baldwin,2015 BCSC 887).The claimant was a front seat passenger in a vehicle…
when negligent driving puts another person in peril, rescuers are given special treatment and are allowed to claim damages for injuries resulting from the rescue. However, the claimant in this personal injury appeal case was not able to prove that there was a true peril and therefore was not considered a rescuer ( Ray v.…
After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault for the accident and for her injuries from a motor vehicle accident. In the collision…
There were two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000. The defendant offered to settle for $55,000.00. At trial the claimant was found 50% at fault for a car accident and…
Successful ICBC personal injury claims require expert medical opinions, especially in the Supreme Court of British Columbia. As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s case (Espinoza…
With 25 years experience as a lawyer working for rear-ended injury Claimants, I have a few suggestions about ICBC injury claims and dealing with ICBC. “I just got rear-ended today should I call ICBC?”- if this sounds like you or someone you know, read on. Rear end collisions are common but different than most other…
This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue injuries to his back and neck which fully healed over the course of about six…
In this low back personal injury case the claimant was driving southbound on Willingdon Avenue in Burnaby, B.C. when he was struck on the driver’s side as he approached Maywood Street. At issue were claims for pain and suffering, past and future wage loss, and the cost of future care. A key issue was whether an L1…
The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…
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