In this Kelowna car accident case ICBC requested a video deposition of a past employer of the injury claimant.(Seder v. Insurance Corporation of British Columbia,2011 BCSC 823). The personal injury claimant alleged that she suffered both physical and psychological injuries from a car accident resulting in damages including loss of earnings. At the time of the court…
In this ICBC adjuster personal injury case( Luis v. Haw,2011 BCSC 815) the Insurance Corporation of British Columbia made a most bizarre request that the ICBC bodily injury adjuster attend at a mandatory trial management conference in place of the ICBC lawyer by phone. This application was firmly dismissed by the Supreme Court requiring comment of the…
In this two car accident low back personal injury lawsuit(Doho v. Melnikova,2011 BCSC 703) the main issues that led this ICBC case to not settle were: loss of opportunity to earn past income; reduction of the injury claimant’s future earning capacity; ICBCs’ allegation that the claimant failed to mitigate his loss; and the ICBC claim that the injuries did not impact the claimant’s earning capacity. ICBC admitted fault…
In this Psychiatric personal injury claim (Hussack v. Chilliwack School District No. 33, 2011 BCCA 258) the 13 year old injury claimant was hit in the face with a field hockey stick while playing the game at school. He suffered a concussion which developed into a serious psychiatric illness called somatoform disorder. This disorder has left him…
In this chronic low back pain disability claim (Brennand v. Sun Life Assurance Company of Canada, 2011 BCSC 759) Sun Life issued a group policy of insurance to Telus Corporation in which Sun Life agreed to provide group long-term disability benefits for eligible Telus employees. The insurance claimant went off work as a customer service representative with Telus…
In this slip on ice personal injury case appeal (Foley v. Imperial Oil Limited,2011 BCCA 262) the injury claimant was injured at a car wash at an Esso service station in North Vancouver, British Columbia. the injury claimant slipped on a small patch of ice near the car wash and fell backwards hitting his head and suffering a serious…
In British Columbia car accident injury claimants that bring their lawsuit in Small Claims Court are not entitled to a contribution toward their legal fee even if they win the case. If an award for a personal injury is less than $25,000.00 the Supreme Court will not award a contribution toward legal fee unless the claimant…
As a personal injury lawyer in Vancouver since 1995 I have been asked by Insurance Corporation of British Columbia (ICBC) injury claimants to best articulate the most common ways to obtain compensation from the driver that is responsible for the car accident. In this article I will review some of the top ways that personal injury…
In this unfortunate medical malpractice infant case (Ediger v. Johnston,2011 BCCA 253) the trial judge initially found that the surgeon had breached the standard of care and failed to obtain the injury claimant’s informed consent to the procedure, but the Court of Appeal disagreed and dismissed the claim. The surgeon successfully appealed on the issue of causation claiming that he did nothing…
In this ICBC denied hit and run accident claim(Burton v. Insurance Corporation of British Columbia, 2011 BCSC 653) the injury claimant sued the Insurance Corporation of British Columbia (“ICBC”), under section 24 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, as it then was, as a nominal defendant, arising out of a hit and run…