This personal injury claim arises from injuries suffered while the claimant was a guest at the defendants’ home. The claimant brought this application for an order that the defendants disclose an independent adjuster’s report and audio statements over which litigation privilege was claimed.(Drewniak v. Law, 2017 BCSC 1565) The documents sought were created after the personal injury lawyer for…
This injury claimant’s failure to follow medical advice resulted in a 10% reduction in the award for pain and suffering. The claimant was stopped at a red light at East 49th Avenue and Knight Street in Vancouver when his vehicle was rear-ended. The court found that he suffered soft tissue injuries to his neck, back and right shoulder. In reducing…
This case provides an important restatement of the law of evidence regarding the burden of proof in personal injury cases: [110] The burden of proof of actual past events is a balance of probabilities. An assessment of loss of both past and future earning capacity involves consideration of hypothetical events. The plaintiff is not…
This was a motor vehicle accident injury case set to proceed before a jury for eight days. 12 days before trial the defendant serve a Supplementary Report from an orthopaedic expert. The jury had just been selected and was required to stand down while the lawyers argued over the admissibility of this late report (Hilton v.…
After dealing with ICBC on your own many come to understand the value of having a lawyer. What you may not know is that most lawyers do not get paid until the end of the case. The upfront expenses of investigation, document gathering and medical assessments will be covered by most ICBC lawyers and claimed against ICBC at…
This claimant suffered serious injuries as a result of a road rage incident that began on the southerly on-ramp to the Second Narrows Bridge in Vancouver, and ended at the top of what is known as “the Cut” on Highway #1, in North Vancouver. The claimant and defendant became involved in a dispute over who cut off whom…
A 17 year old ICBC claimant was a passenger injured in single-car accident in which a 15-year-old unlicensed driver lost control of a vehicle owned by another. They were at a campground near Dry Lake BC and were going to buy hotdogs when the driver lost control of the vehicle while fiddling with the CD player. The…
In this personal injury case ICBC argued cruelly and unsuccessfully that a claimant with a meagre income should not be protected from the cost consequences of refusing a reasonable offer to settle. The injured claimant was on CPP disability pension and had not worked for many years at a full‑time job. His disability pension ended when…
The worth of an ICBC personal injury case can be significantly changed by accident benefits received. ICBC accident benefits are deductible from a personal injury case award against an at fault driver in British Columbia. Here are some important benefits to consider when reviewing what benefits may be deducted from an out of court settlement…
The fault of a left turning vehicle for a car accident depends on whether there is any vehicle approaching that constitutes an immediate hazard. If there is, the left turn should not be made. This case review reinforces this point as it applies to ICBC injury claims. This motor vehicle accident occurred at the intersection of 152nd…