In MacFarlane v. Gustafson, 2024 BCCA 400, the injury claimant sought personal injury damages arising from a serious car accident injury. The claimant made a reasonable offer before trial which was rejected. One key matter concerned the trial judge’s decision to award double costs to the claimant under Rule 9-1(1)(c) of the Supreme Court Civil…
In the personal injury case of Sharma v. Sagoo (2024 BCCA 319), the claimant appealed the trial judge’s award for various heads of damages, including the cost of future care. The trial judge had awarded $6,600 for future care, a figure that included reduced amounts for treatments such as physiotherapy, massage therapy, custom orthotics, and…
In the personal injury appeal of Takhar v. Insurance Corporation of British Columbia, 2024 BCCA 275, the appellant sought an award for injuries sustained in a motor vehicle accident. The appellant was sideswiped by an unidentified vehicle while driving. Since the other driver could not be identified, he named the Insurance Corporation of British Columbia…
ICBC claimed bias of the trial judge in the following ICBC injury case. The Court of Appeal disagreed with ICBC, BC’s auto insurance monopoly. In particular ICBC claimed, without success that it was unfair that the judge: Expressed cynicism about the legislature’s motives in limiting the number of expert reports that can be commissioned; Commented…
This Court of Appeal personal injury case, Ferrill v. Cockburn, involved an accident at an uncontrolled intersection. The appellant was driving a vehicle and attempted a left turn when he collided with the respondent, who was riding a motorcycle at an excessive speed. The jury at trial apportioned liability equally between both parties. The appellants…
In this personal injury appeal, the Court of Appeal addressed the quantum of damages for past and future loss of income arising from a motor vehicle accident (Tigas v. Close, 2024 BCCA 223). The injury claimant alleged a loss of over $3 million at trial and was only awarded under $500,000. The appellants contested the…
The primary issue in this personal injury appeal was the trial judge’s finding of causation for damages awarded to the claimant following a motor vehicle accident. The case was heard before the Honourable Justices Stromberg-Stein, Voith, and Skolrood. The appellants sought to overturn the damages awarded, arguing that the trial judge made a palpable and…
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,…
In this medical malpractice case the Vancouver General Hospital appealed a decision finding them negligent in failing to assign one-on-one supervision to an elderly patient (Vancouver General Hospital v. Zheng,2024 BCCA 42). The patient subsequently fell and broke his hip. The appeal focused on whether the trial judge erred in concluding that the standard of…
ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money…
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