The claimant was injured in a car accident in Kamloops, B.C. (Power v. Carswell, 2011 BCSC 1672) which occurred in the intersection of Lansdowne St. and 3rd Avenue, which is controlled by traffic signals. The claimant was driving a Pontiac Sunfire going straight when she struck a Jeep turning left. Both fault for the accident and the quantum of damages…
December 3, 2012- Deadlines and limitations periods have always been a concern for injury claimant’s contacting my law firm. As a personal injury lawyer in British Columbia since 1995 I have dealt with hundreds of injury claims against the Insurance Corporation of British Columbia (ICBC) all of which involve multiple important deadlines and limitation periods. Cases are…
This personal injury summary trial,(Parmar v. Lahay, 2011 BCSC 1628) pursuant to Rule 9‑7 of the Supreme Court Civil Rules, involved a motor vehicle accident that occurred one year before the hearing. There was no claim for loss of wages or any future loss of capacity and the only question was how much compensation should be awarded for pain and suffering.…
ICBC will often, through their lawyer in the personal injury litigation, cross-exam the injury claimant on any reports to the ICBC Dial-a-Claim service about a car accident. The Dial-a-Claim Representative interprets the information being conveyed over the phone and creates an internal document which is attached to the injury claimant’s file. I have found, in my…
In this ICBC hit and run personal injury case (Paguio v. Fraser, 2011 BCSC 1519) the claimant was riding his motor scooter on Knight Street in Richmond heading to his workplace in south Vancouver. The injury claimant had just purchased the scooter the morning of the accident and had not ridden a motorcycle in any meaningful way…
ICBC lawyer’s assertion that there is an expanded test of reasonableness was rejected by the Court of Appeal in this successful Hit and Run injury claim case(Nicholls v. Insurance Corporation of British Columbia, 2011 BCCA 422). Read my review of the original ICBC hit and run case. The injury claimant started a personal injury lawsuit for injuries…
In this tragic motorcycle injury case (Hale v. MacEwen,2011 BCSC 1404) the injury claimant was found to be totally at fault for his significant physical injuries. This lawsuit arose from a collision between a motorcycle and a cube van which occurred in Maple Ridge, British Columbia. The injury claimant and his passenger suffered personal injuries as a result…
In this car and bicycle injury ICBC case (Kooner v. Singh, 2011 BCSC 1384) the Insurance Corporation of British Columbia wanted the injury claimant to have their personal injury case heard in Small Claims Court. The lawsuit involved a personal injury that occurred at or near the intersection of 96th Avenue and 128th Street in Surrey,…
In this ICBC medical examination denied case (Soczynski v. Cai,2011 BCSC 1299)a personal injury claimant in a car crash was making a claim against ICBC and had already accessed no fault accident benefits following the car accident, pursuant to Part 7 of the Insurance (Vehicle) Regulations. ICBC sent the claimant to one of their doctors to…
The lawyer for the defendant in this lawsuit claimed that the Civil Rules allow ICBC and other defendants to force an injury claimant to submit to multiple examinations (Humphrey v. McDonald,2011 BCSC 1288) as long as the total time is less than 7 hours- The Court disagreed. The defence in this case relied on the…