This birth malpractice case (Cojocaru v. British Columbia Women’s Hospital and Health Centre,2013 SCC 30) resulting in brain injury affirms the direction that Canadian Courts are taking to informed consent in personal injury malpractice cases. The multi-million dollar award was upheld against one doctor for failing to provide the claimant with informed consent for the “vaginal…
An application to adduce fresh evidence in an appeal of a successful personal injury jury award was thwarted by a deficient affidavit from a legal support staff. This million dollar personal injury award case arising out of a car accident injury (Albert v. Politano, 2013 BCCA 194) deserves more than one article as personal injury lawyers…
An index for Personal injury lawyers and counsel generally is provided by the registry with a list of cases so commonly referred to and accepted in British Columbia that lawyers need only index them in the case brief . In the typical car accident claim however lawyers exchange a table of case authorities and the best sections of the each case are referred to…
The BC Court of Appeal found that inadequate signage negligently caused injury in this uneven pavement car accident (Van Tent v. Abbotsford (City),2013 BCCA 236). This case re visits the distinction between duty and standard of care, affirming the three step process for proof of Civil Negligence. The Anns neighbourhood rule is applied and the court makes it clear that…
Finding the best lawyer in Vancouver for a claim with the Insurance Corporation of British Columbia depends on the type of case you have and the qualities you consider to be important. There are over 10,0000 lawyers in BC, most of them having offices in Vancouver. Not all ICBC claims require a lawyer and most…
Age can make a difference to injury claims made with the Insurance Corporation of British Columbia, ICBC, following a car accident. Personal injury lawyers are well aware of the principle that you “take a victim as you find them”in the Canadian courts. An ICBC lawyer can’t blame a brain injured claimant for having an unusually…
Most insurance companies like the Insurance corporation of British Columbia, ICBC, are hesitant to assist injury claimants involved in car accidents to make formal notification by way of an online form. ICBC supports claimants reporting a car accident which involves no injury online but does not appear to aid an injury claimant to formally report online. Be aware…
Deadlines for applying for car accident benefits from the Insurance Corporation of British Columbia, ICBC, will vary. It depends on whether you are reporting an injury or vehicle damage. Therefore, as a personal injury lawyer I discuss time limitations for injury accident benefits. For quick coverage watch my video about ICBC claim deadlines . ICBC…
A $3.2 million personal injury award has been restored by our top court,the Supreme Court of Canada, helping to reinforce our modern approach to legal causation in medical malpractice cases(Ediger v. Johnston, 2013 SCC 18) and personal injury cases generally. Personal injury lawyers assisting the injured will applaud the clarity and brevity of this decision. This…
This side of the road car accident injury case(Ruchelski v. Moore, 2013 BCSC 492) applies the rarely used Presumption of Negligence principle set out in the seminal Supreme Court of Canada case of Fontaine. Experienced personal injury lawyers in Canada have been aware for some time that Fontaine completely did away with the rebuttable presumption of Res ipsa loquitur(the…