An annoyingly slow overtaking vehicle cannot be blamed for the bad driving of others. The Court of Appeal has ruled that the overtaking another vehicle as quickly as reasonably possible standard is now inappropriate in British Columbia ( Borgfjord v. Boizard, 2016 BCCA 317). The slow defendant, driving 25-30 kph under the speed limit, was in the far left lane…
Here is an important tip for personal injury lawyers in BC- If the family doctor ordered or requested your client to have a private MRI and the advice was followed, this cost should be claimed as a special damage, not a disbursement (Uppal v. Judge, 2016 BCSC 642, para 107). The following is a case in point in which the cost…
Formal offers to settle in personal injury cases, including ICBC, filed in the Supreme Court are regulated by the Supreme Court Rules. Rule 9-1 is very specific about what is considered an offer to settle. An “offer to settle” is an offer that: (i) is made in writing by a party to a proceeding, (ii) has been…
Today’s motor vehicle accident case occurred in in Mission, BC between a motorcycle and a 1968 Volkswagen Beetle. The collision occurred as the claimant’s motorcycle attempted to pass the defendant’s vehicle on the left which was making a left turn ( Tabori v. Renaud, 2016 BCSC 1242). Two separate statements given to ICBC adjusters by a witness were reviewed by the…
The settlement amount offered to ICBC and the timing of the offer is important to a claim for double costs, even in “Fast Track” cases. As a general rule, the successful party in a fast-track personal injury case is awarded $6,500 in pre-trial costs and $1,500 in costs for each day of trial. Where an offer to…
Doctors and therapists that want to avoid earning the label of “hired gun” should: (1) limit the amount of work they do for one insurance company; (2) keep up to date with changes in medical research; (3)avoid unnecessarily criticizing medical colleagues without adequate justification; and (4) diagnose a condition in the same way they would…
Even the most experienced personal injury lawyers need to pay attention to this case. The Court of Appeal has made it clear: When finding a pedestrian 100% at fault the court must analyze not only the pedestrian’s duty but also the driver’s duty of care (Vandendorpel v. Evoy, 2016 BCCA 270). Statutory provisions and the duties imposed by…
Dr. Renn O. Holness, has received the Canadian Neurosurgical Society’s (CNSS) Lifetime Achievement Award in recognition of his outstanding career and significant contribution to Neurosurgery. Dr. Holness attained the Gold Medal in the 1968 Bachelor of Medicine, Bachelor of Surgery, obtaining Honours in Medicine and Surgery. Dr. Holness has saved numerous car accident victims from the catastrophic results of…
The last game of the 2011 Stanley Cup Hockey series was broadcast on a live television outside the CBC building at Georgia and Hamilton Streets in Vancouver BC. When the game ended, a riot erupted here and several cars were burned outside the adjacent Canada Post Office building. Numerous vehicles were destroyed here, some of which…
The factors to be considered when valuing a personal injury claim with ICBC or other insurance companies will change according to the stage of your case. Some of the factors that may be important early on, such as claim reporting and notification, will give way to symptom documentation and medical diagnosis. Beware of the ICBC…