As discussed in a prior blog post, when a trial judge makes an award for pain and suffering (also referred to as non-pecuniary damages), the law is clear that in determining what is reasonable each case must be assessed individually depending on the nature of the injuries sustained by the injured claimant and on an…
There are various levels of court in British Columbia including the Provincial Small Claims Court, the Supreme Court and the Court of Appeal. For motor vehicle accidents which occurred before April 1, 2019, ICBC claims are heard in either the Provincial Small Claims Court or the Supreme Court. The value of the ICBC claim will…
If an injured plaintiff returns to work after a motor vehicle accident and continues to work despite having injuries that will, at some point in the future, restrict or even prevent him/her from working entirely, is there a claim for loss of future earning capacity? The courts have held in many cases that the answer…
In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…
In a previous blog post, the new ICBC minor injury caps were discussed and explained. The ICBC minor injury caps, which apply to all injuries suffered in motor vehicle accidents after April 1, 2019, limit the amount of compensation for pain and suffering to a maximum of $5,500.00 for “minor “ injuries. The label “minor”…
PART 7 BENEFITS – INCREASED FUNDING As of April 1, 2019, significant changes have been made to the funding provided by ICBC for therapy under Part 7 benefits. These changes apply to all new and existing motor vehicle accident claims. PRESCRIBED TREATMENT PROVIDERS AND RATES ICBC under the Part 7 Benefits will provide funding for…
Marijuana is now legal in Canada and its benefits in pain management are now being recognized. Medical doctors are prescribing it to their patients to treat chronic pain and in an attempt to avoid prescribing opioids. It is well publicized that opioid addiction and misuse is a serious public health problem in Canada. As it…
The NDP government introduced legislation that caps (limits) compensation payable by ICBC for pain and suffering for “minor injuries” suffered in motor vehicle accidents occurring on and after April 1, 2019. An injury will be defined as a “minor injury” if: It is included in the list of prescribed injuries; and It does not result…
In the usual course, a driver who rear-ends another vehicle will be found at fault for the accident. It is only in exceptional circumstances that the driver who was rear ended will be liable such as when he/she made a sudden, unexpected and unexplained stop. In Bains v. Chatakanonda 2018 BCSC 2412, the claimant was…
The limits on experts and expert reports introduced February 11, 2019 have been set aside by the Supreme Court. Orders under Rule 11-8 are also of no force or effect. The Supreme Court struck down these arbitrary limits on expert evidence (Crowder v. British Columbia (Attorney General), 2019 BCSC 1824). Attorney General David Eby was…
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