July, 14th, 2010- As of July 1st, 2010 every personal injury claimant now has to state the legal basis of their claim in the Notice of Civil Claim filed in our Supreme Court. With the change in the Court Rules lawyers in British Columbia are grappling with what a concise summary of the legal basis on which…
Desjardins v. Huser, 2010 BCSC 977 July 28, 2011- The injury claimant was in a car accident that occurred when she was two years old. Her claim is that she sustained a brain injury resulting in permanent cognitive deficits. She also claims that she suffered multiple permanent orthopaedic and soft tissues injuries that have resulted in permanent emotional and…
Kern v. Forest, 2010 BCSC 938 July 28, 2011- The Claimant saw her family doctor complaining of left shoulder pain. Her family doctor referred her for chiropractic treatment and she was treated by two chiropractors. After the treatments, the Claimant was diagnosed with spinal cord compression, caused by a herniated cervical disc. A neurosurgeon performed a discectomy and removed the herniated…
July 28, 2011- New Civil Rules of Court came into effect July 1st, 2010 and court registries have set new protocols on how the Rules work for personal injury lawsuit. The court registry is now a little more predictable. For example, back in July, 2010 I went to obtain dates for trial and dates for a judge led conference…
July 26, 2011- Most personal injury lawyers will suggest that an injury claimant have a family doctor examine them on a regular basis following a car accident injury. This makes good sense because a patient will get better treatment if the doctor is familiar with the injury and the doctor will be in a better…
Co v. Watson, 2010 BCSC 950 July 26, 2011- At the intersection of Hemlock and Broadway in Vancouver, Ms. Co who was a passenger was injured when another vehicle driven by Mr. Watson went through a red light and struck the passenger side of her vehicle. The injury claimant suffered soft tissue whiplash type injuries to her neck, shoulders…
Awan v. Canada (Attorney General), 2010 BCSC 942 July 26,2011- The injury claimant was an Army Cadet participating in field training during a weekend exercise being conducted by the Cadet Corp at Canadian Forces Base Chilliwack. She was injured while participating in a demonstration of the playing of a game called “Stick In The Middle”…
Duncan v. Mazurek, 2010 BCCA 344 July 26, 2011- The injury claimant was jaywalking across Canada Way in Vancouver when she was hit by a vehicle. The Claimant had no memory of the car accident due to brain injury; the eyewitness evidence conflicted; and the driver that hit the injury claimant died before the personal…
Hosseini-Nejad v. Roy, 2000 BCCA 397 July 26, 2011- This car accident brain injury case has been judicially considered at least four times and is still good law as of the date of this article. In this case ICBC hired lawyers to defend the brain injury claim as the at fault driver did not appear at…
Innes v. Bui, 2010 BCCA 322 July 4, 2011- This personal injury case has been considered by one case since being handed down and is considered good law up to the date of thsi article. The ICBC claimant appealed an order that dismissed her personal injury claim arising from a motor vehicle accident. The basis…
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