The trial judge found the jury’s conclusions in this personal injury case to be conflicting and dismissed the appellant’s application to enter judgment on the terms of the jury verdict. He ordered a retrial to take place before him, without a jury. This is an appeal from those orders. The claimant was injured in a…
The ICBC adjuster required that the claimant attend at a medical examination with an orthopedic specialist following her car accident injury claim. The claimant attended and a medical report was ordered under Part 7, ICBC accident benefits. The defendant then wanted the claimant to attend a SECOND doctor, a physiatrist (Physical Medicine and Rehabilitation) for the tort claim. The claimant…
This Court of Appeal decision assists appellants by not requiring leave for dismissal of juries in ICBC personal injury cases. The lawyer representing ICBC in his closing argument in front of a jury alleged that the claimant told half truths in her testimony about the car accidents and her injuries. This was in itself…
After a car accident a phone call to the ICBC dial a claim number at 604-520-8222 or 1-800-910-4222 will result in an internal ICBC report being created called a CL-75. As displayed in the following case, these reports to ICBC can be used to impeach claimants and witnesses about the details of the accident. Watch our…
In this wrongful conviction case the Province was ordered to pay compensatory damages in the amount of $530,000, special damages in the amount of $56,691.80, and damages in the amount of $7,500,000 to serve both the vindication and deterrence functions under s. 24(1) of the Charter. The plaintiff was awarded costs at Scale C of Appendix…
Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors. The Rules created a class of “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for content. It appears only well informed MLR industry members are likely to obtain the admissible…
In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…
This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes in her findings of fault for the injuries and her findings of fact supporting the…
There has been much confusion in the legal community over the issue of witnesses and witness lists in civil cases. The issue is whether plaintiffs can call witnesses who are not in the plaintiffs’ trial brief has now been answered by Supreme Court Judge Steeves in the case 2016 BCSC 2038. Here is the answer: The Rules…
For ICBC personal injury claims, and other personal injury cases, the laws governing settlement offers are more confusing than any time in history. The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a new course. The consequences for failing to accept a reasonable offer are now left to judicial…