In Vancouver a leashed pit bull was left dead this Wednesday after a man with an off leash dog pulled out a knife, apparently stabbing the Pit Bull several times to death. The man appeared to be motivated by the fact the Pit Bull had bit his dog, which was not on a leash. The…
Personal injury claimants need to mindful of the civil disclosure requirements over confidential documents when starting a lawsuit in British Columbia. However , the Insurance Corporation of British Columbia may well be provided with special treatment as explained in this, ICBC keeps documents from public case(Insurance Corporation of British Columbia v. Automotive Retailers Association,2013 BCSC 2062).…
As a lawyer in British Columbia since 1995 I have helped in the settlement of the some the most difficult cases you can imagine with ICBC, the Insurance Corporation of British Columbia. Here we provide information and instructions that will help steer an ICBC insurance claim in the right direction. Best Time to Sette with…
ICBC has prevented public disclosure of documents that would have revealed advice, guidance and recommendations received prior to unilaterally terminating numerous agreements with the automotive industry in 2011. The Court, in this ICBC private documents case(Insurance Corporation of British Columbia v. Automotive Retailers Association,2013 BCSC 2025), quashed an earlier order of the Provinces Freedom…
Suing an insurance company like ICBC means putting yourself at risk in a lawsuit and should only be done for good cause. There are 4 essential forms and documents you need before you sue the Insurance Corporation of British Columbia, ICBC, for refusing to pay injury benefits after a car accident. Here’s a checklist: 1.…
Offers to settle and settlement discussions in a civil case cannot generally be used as evidence at trial and are considered without prejudice, even when dealing with ICBC. This rule was created to provide protection to litigants that try to resolve disputes and is referred to as settlement privilege. In this email settlement offer case (Mayer…
In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife tried to claim half of the husband’s settlement from ICBC as a family asset. The husband kept his settlement from ICBC separate and did not use it for any family purpose. He had actually placed the settlement money in a separate bank account and…
In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer. This…
In a Dramatic turn-a-round, on April 30, 2014, the BC Court of Appeal has overturned this wrongly decided waiver of personal injury case (Niedermeyer v. Charlton,2014 BCCA 165). Therefore the following principles no longer apply, unless changed by the Supreme Court of Canada or by statute. As of Signing a release and waiver of liability…
This was an assessment of the costs following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867) The injury claimant was in a motor vehicle accident sustained soft tissue injuries. Despite two treating doctors recommending an MRI,…