If you are injured in an accident, you must prove that the accident was caused by the negligence of another person in order to be entitled to compensation for your injuries. If liability (fault) is not proven, then the claim will be dismissed and no compensation will be awarded. Delfs v. Stricker 2022 BCSC 373…
Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. When deciding the amount to award to an injured claimant, the trial judge will take into account several factors. These factors include the age of…
In prior posts, we discussed the NDP’s scheme to have ICBC injury claims decided by the BC Civil Resolution Tribunal. This is an appointed tribunal and all disputes are handled online. The tribunal was intended by the NDP to significantly limit the legal rights and compensation of ICBC injury victims. Most troubling, the NDP removed…
As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk…
We have posted several blog articles on the new law passed by the NDP limiting the disbursements (legal expenses) ICBC is required to pay: Does ICBC have to pay my disbursements? ICBC’s insane profits and ICBC’s 6% disbursement cap The harsh reality of the ICBC disbursement limit – NDP provides ICBC with no limitations in…
As discussed in previous blog articles on assault and battery, in law an assault is the intentional creation of the apprehension of immediate harmful or offensive conduct but without actual touching. On the other hand, battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable sense of…
Damages for pain and suffering, also known as non-pecuniary damages, are awarded to compensate an injured claimant for the pain and suffering, loss of enjoyment of life and loss of amenities caused by a defendant’s negligence. The amount of the award is not determined by the nature or seriousness of the injuries alone. Additional factors…
The Motor Vehicle Act provides guidance on the conduct and responsibilities of drivers and cyclists on roadways. While the Motor Vehicle Act does not define cycles as vehicles, the Court of Appeal in Ormiston v. ICBC 2014 BCCA 276 noted that Section 183(1) of the act “imposes on the operator of a bicycle the same…
As discussed in previous blog articles on assault injuries, in law an assault is the intentional creation of the apprehension of immediate harmful or offensive conduct but without actual touching. On the other hand, battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable…
In an ICBC claim, the injured claimant must establish on the balance of probabilities that the defendant’s negligence (other driver) caused or materially contributed to an injury. The defendant’s negligence does not need to be the sole cause of the injury so long as it is part part of the cause beyond the range of…