This claimant was injured in a pedestrian-vehicle collision at an unmarked crosswalk at the intersection of Harwood Street and Thurlow Street in Vancouver. The injury claimant sustained significant injuries, profoundly impacting her quality of life. Liability and damages are both in issue, with ICBC proposing a 65-35 fault apportionment favoring the claimant, while the claimant…
This self-represented injury claimant brought a lawsuit against the Attorney General aiming to have the ICBC no-fault legislation overturned (Lee v. British Columbia (Attorney General), 2024 BCSC 865). He complained that he cannot sue the driver for negligence under the amended Insurance (Vehicle) Act (IVA), which permits lawsuits only if criminal conduct is involved. The…
In the personal injury case of Hakimpour v. Grimm, 2024 BCSC 685, Justice Tucker provided a detailed ruling on the decision not to award double costs following the plaintiff’s personal injury claim dismissal. The defendant, insured by ICBC, sought double costs post-trial based on a settlement offer of $58,866 made prior to trial commencement, which…
In this personal injury appeal (McGuigan Estate v. Pevach,2024 BCCA 106) the pedestrian was struck in a crosswalk and severely injured at the intersection of 30th Avenue and 39A Street in Vernon. The driver was found 100% at fault and the claimant was awarded $1.7 million. The driver appealed claiming that the judge had failed,…
Damages for pain and suffering, also known as non-pecuniary damages, compensates an injured claimant for the injuries suffered in the motor vehicle accident and the impact those injuries have had on his/her enjoyment of life. Trial judges will consider the following factors when deciding the amount to award to an injured claimant for pain and…
Parmar v. Rink 2019 BCSC 1626 is a pedestrian crosswalk case. In this case, the motor vehicle accident occurred in a marked crosswalk in a rural area. The injured claimant, who was wearing dark clothing, was walking with her two children. It was the early evening and it was dark out. The roads were wet…
The claimant witnessed his wife get hit by a motorcycle as they jaywalked across Yates Street in Victoria. Although not hit himself, the claimant suffered a severe emotional reaction. He therefore claimed compensation for the mental injury. Nervous Shock : Legal Elements “Psychiatric injury” is the favoured term over “nervous shock” (see 1999 decision of…
This pedestrian personal injury claimant alleged that the defendant negligently drove his vehicle over the back of her left ankle and foot while she stood outside a parkade talking with friends. After the accident, the driver spoke with a representative of the Insurance Corporation of British Columbia, ICBC, by telephone a notes of this conversation…
Pain free life is valued as part of the dream of the Good Life by most Canadians. The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…
The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 BCCA 442) The accident occurred at the intersection of Mount View Avenue and Sooke Road…