In this personal injury case the claimant was jogging when he came up behind three young girls riding their bicycles. Two were on the sidewalk and one was riding on the street adjacent to the curb. The jogger intended to pass the girls on their right. As he was passing them, one ten year old moved her…
This pedestrian suffered serious injuries when he was struck by a runaway snowmobile. The snowmobile operator had been thrown off the machine and the snowmobile sped one kilometre across open terrain before striking the claimant (Passerin v. Webb,2018 BCSC 289). The snowmobiler was not using the the tether cord which would have automatically shut off…
The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…
This intoxicated pedestrian, Mr. Joel Robert Michael Ackley, made fun of a driver’s dreadlocks and removed his shirt while waiting for the driver to emerge from the Subway (Ackley v. Audette,2015 BCSC 1272). As the driver tried to leave the parking lot Mr. Ackley tried to prevent him from getting into his car. When the driver got into his…
Making an injury claim with ICBC, Insurance Corporation of British Columbia, after a vehicle accident requires providing specific information and meeting certain deadlines. What you say to ICBC in the first 30 days can set the tone for how your injury case will be dealt with. How to start an injury claim with ICBC is made…
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…
The defendant in this personal injury claim sought liberty to add two individuals as third parties to the proceeding. On the day of the car accident a number of people attended a party in the bush near Lumby, B.C. The claimant was there and was a pedestrian. The proposed third parties were there and were also…
The government of BC may be preparing to back ICBC in an appeal of a $350,000 award against ICBC for malicious prosecution. Transportation Minister Todd Stone indicated that ICBC may be considering an appeal. This is in a case where employees of ICBC were found to be getting enjoyment out of causing difficulty to innocent accident victims. When…
It is not surprising that in a free and democratic society we should have a public right to an open court process. Having truly a open court ensures that common values are being applied within all our British Columbia judicial proceedings. Openness is essential to accessibility and accountability in the judicial system. However, personal injury…
Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect…
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