In this sensationally important personal injury case the Court of Appeal has made it very clear that consulting reports must substantially comply with the Rules to be admissible as expert reports (Healey v. Chung, 2015 BCCA 38). This makes it very difficult for the personal injury claimant to get opinion evidence into court as “clinical records” are…
If a pedestrian is hit by a British Columbia car, ICBC accident benefits can provide up to $150,000 in medical rehabilitation expenses and disability benefits of up to $300 per week. If the same pedestrian was hit by a bicycle, she would get nothing. The Chinese tourist pedestrian killed by a cyclist in Stanley Park…
This personal injury Claimant was walking through a parking lot of a strip mall in Cranbrook, B.C. when he was struck by and injured by a motor vehicle. The trial judge concluded that the driver was 33 1/3% liable and the Claimant was 66 2/3% liable for the accident. However the Claimant’s appeal was allowed and…
This was a personal injury case dealing only with the issue of liability for an car accident in which a trailer ran over the claimant in a parking lot (2014 BCSC 1668). The accident in question occurred outside the Quinsam Hall in Campbell River, which is a freestanding building surrounded by a paved parking lot…
Important implications for ICBC settlements arise from this ground breaking Court of Appeal case forcing ICBC to pay double costs for failing to accept a reasonable offer of settlement (Meghji v. British Columbia (Ministry of Transportation and Highways,2014 BCCA 105 ). The court found that it is improper for ICBC to reject all settlement offers above the…
In this personal injury rollerblading case(Chabot v. Chaube,2014 BCSC 300) The claimant was not obliged to remove her inline skates to cross at a marked crosswalk but, having chosen to skate across the crosswalk, she was required to take reasonable precautions for her own safety considering her speed and visibility. Rollerblading within a marked crosswalk is not…
In many personal injury cases offers to settle are made before going to trial to avoid the cost and risk. These offers are referred to as “without prejudice offers of settlement”. In this tragic pedestrian crosswalk case(Paskall v. Scheithauer,) The claimant was asking for some $2 million but the jury only awarded her $82,400 and found…
British Columbia personal injury claims are different than anywhere else in the world for two mains reasons: 1. The creation of the Insurance Corporation of British Columbia, ICBC, and 2. the limited access to private healthcare. In Canada less than 30% out of the 2.29 million people injured annually go to a hospital emergency room…
After being injured in a car accident or fall and before you sign a statement for ICBC or give the insurance company permission to communicate with medical professionals and employers, consider getting professional advice. About 1200 people a day are injured in British Columbia and over 25 of those are permanently disabled as a result…
The First and Often Only ICBC Form to be Signed is the CL-22 Insurance Claim Application When making a claim for ICBC insurance benefits after a motor vehicle accident, the Insurance Corporation of BC can require that you provide information in a prescribed form. Get a copy of the ICBC forms you need by speaking…
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