The Court of Appeal ordered a new trial for this 15 year old car accident personal injury claim involving soft tissue injury, mild traumatic brain injury and unaccepted ICBC offers of $50,000, $110,00 and $120,000 (Han v. Park, 2015 BCCA 324). A documents binder allowed to be given to the jury included: a police accident report; the…
The claimant suffered injuries in a car accident, alleged loss of earnings but failed to disclose court ordered work calendars, personal loan documents, and income tax returns. The Master ordered a harsh sanction of $25,000 against the claimant for failure to disclose the documents. The Supreme Court ,on Appeal, however disagreed with this harsh and punitive sanction (Badreldin v.…
when negligent driving puts another person in peril, rescuers are given special treatment and are allowed to claim damages for injuries resulting from the rescue. However, the claimant in this personal injury appeal case was not able to prove that there was a true peril and therefore was not considered a rescuer ( Ray v.…
Determining an amount for future loss of income for ICBC injury claimants just got harder as the Court of Appeal overturns a future loss income award. No new law was created but the Court of Appeal was of the view that there was no evidence of another realistic alternative occupation that would be impaired by the…
The claimant in this personal injury appeal(Crimeni v. Chandra,2015 BCCA 131) was injured in two car accidents, the first when she was 17 years old and in her last year of high school. She suffered soft tissue injuries that left her with chronic pain in her back, neck and right shoulder. She attended the Karp…
The Supreme Court of Canada awarded a man $30,000, $15,000 of which compensated for moral injury as a result of being forced to listen to the reciting of a prayer at a municipal council meeting (Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16). The Court reinstated the Quebec Human Rights Tribunal award of $30,000 in compensatory…
As ICBC Claims Lawyers part of our job is protecting personal injury claimants from broad requests for disclosure of medical, employment and school records. There are limits to what ICBC and other defendant insurers can expect to receive early in the litigation, and the BC Court of Appeal agrees. In the case of Century Services Inc.…
A new trial has been ordered for this personal injury claimant after the trial judge dismissed the case without any justifiable reason. This personal injury cases gives some assurance that claimant’s can stand up to judges that inject their own opinions in place of medical experts. This case is also a warning to trial judges…
The Court of Appeal has dismissed the appeal of rejected claim of brain injury ( Jampolsky v. Insurance Corporation of British Columbia,2015 BCCA 87). The young man from Surrey, BC suffered personal injury in four car accidents and after a four week trial was only awarded $15,000.00 ( read our review of the trial award: ICBC…
Personal injury claimants without lawyers should avoid long and unclear court submissions, a lesson from the following ICBC injury claim. This was an appeal from the dismissal of a lawsuit against ICBC for disability benefits related to a car accident which occurred in British Columbia. The Appellant went to court without a lawyer against ICBC…
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