In a dramatic turn-around the Court of Appeal has allowed the appeal and set aside the order below dismissing this personal injury case . The car accident was at a very low speed and resulted in only approximately $100 in damage to the bumper of the claimant’s van. The defendant’s car was behind the claimant’s van in…
This car accident occurred while the claimant was making a left turn from Lougheed Highway onto Kanaka Way in Maple Ridge, BC. This was an appeal from an order made apportioning 60% of the fault for the accident to the claimant, and 40% of the fault to the respondent, a through driver (Pirie v. Skantz,2016 BCCA 70).…
Last year was record breaking for car sales in BC being the best performing province with an increase of 7% in car sales. Over 85% of Canadian households own at least one vehicle. Now the government of British Columbia appears to be endorsing thousands of secret internet investigations conducted by ICBC on British Columbia motorists. There is a new push…
Canada currently has less car accident injuries per year than any other time in recorded history yet ICBC has increased auto insurance rates. The number of fatalities, serious injuries, and total injuries is at its lowest since data was first collected by Transport Canada in the early 1970’s. Since 1994 the amount of serious injuries…
The complainant before the Insurance Council of BC had been the girlfriend of the petitioner, who was employed as a general insurance salesperson. After a row in which the police where called the petitioner used his insurance licence to access the complainant’s personal ICBC information. There was a complaint made to to the Insurance Corporation of British Columbia, ICBC,…
Even if an injury claimant wins at trial in an ICBC injury claim, defendant’s have a right of appeal. In this case even though the defendant lost at trial they alleged that the trial judge was wrong and should have blamed the claimant for her own injuries (failure to mitigate) and should have drawn an adverse…
This 36 year old injury claimant sought an order requiring Empire Life Insurance Company to pay her long-term disability benefits as the insurance company refused to pay the disability benefits (Tanious v. The Empire Life Insurance Company,2016 BCSC 110). The retroactive value of the claim was no more than $60,000, after making appropriate deductions for taxes and CPP…
The purpose of an award for pain and suffering, called “non-pecuniary damages”, is to provide money compensation that ameliorates the condition of an injured claimant. In making such an award, the following factors are relevant: age of the claimant; nature of the injury;severity and duration of pain; disability; emotional suffering; loss or impairment of life; impairment of family, marital and social…
A Supreme Court Master refused to force this injury claimant to submit to an ICBC medical examination on two separate occasions and the Master awarded her costs. The judge made a substantial award of damages in this car accident injury case and awarded the claimant to costs at Scale B but denied her costs of defending these two…
In this medical malpractice case the claimant mother was 28 weeks pregnant when she presented in the emergency room complaining of neck pain. She was seen by a registered nurse and a family practitioner and was discharged with recommendation for massage therapy. She suffered seizures soon thereafter and underwent an emergency caesarean section. The claimant child was born with significant disability.…