The personal injury claim involved a motor vehicle accident in which the defendant denied liability. The injury claimant alleges various soft tissue injuries and neurological or psychological injuries and was seen by one doctor for the defendant. The defendant was denied a request for a second medical examination.(Tran v. Abbott, 2018 BCCA 154) In allowing the…
Aggravated damages compensate a claimant for intangible injuries, such as distress and humiliation, which are caused by a defendant’s conduct. The appellants were found to have defamed the plaintiff and the judge awarded damages of $1,205,000 and special costs, and granted a permanent injunction against the appellants, restraining publication of any defamatory words concerning the Plaintiff. All…
The Court of Appeal has dismissed an appeal finding a truck driver solely liable for the serious injuries suffered by a motorcyclist totaling $838,430 in losses. The injury claimant was seriously injured when the motorcycle he was riding collided with the front end of the left-turning transport truck (Ranahan v. Iron Horse Enterprises & Logistics Inc.,2018 BCCA…
In this precedent changing personal injury Court of Appeal decision, the injury claimant, struck by another vehicle on the passenger side where she was seated, was awarded $1,782,068, including $418,000 for loss of housekeeping capacity at trial. We focus on this exciting new statement from the court of appeal embracing this claim for loss of housekeeping capacity…
A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…
The amount awarded for cost of future care can be adjusted up or down to take into account the availability of other benefits. In this Court of Appeal decision the court reaffirms this principle as it relates to the likelihood of continued publicly funded home care from Alberta Health Services (AHS). The injury claimant was involved…
This injury claimant was a passenger in a single vehicle accident. The car accident occurred on Stillwater Main Road, a gravel logging road which intersects Highway 101 near Powell River, British Columbia. As the claimant’s vehicle approached the intersection, the driver lost control, the vehicle fishtailed, went up onto an embankment, launched into the air and rolled…
The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time of the car accident despite admitting negligence (Brennan v. Colindres,2017 BCCA 413). The negligent driver testified…
In a surprise winning decision this personal injury claimant succeeds in his appeal against the dismissal of his injury claim. Failing to file a medical-legal report is not a grounds for dismissal and the claimant was not provided with adequate notice. However, given the scant evidence he was only awarded $100.00. for his personal injury…
The Court of Appeal has rejected the argument that the late admission of ICBC’s experts reports created a prejudice to the claimant. The claimant was injured in a car accident and sought damages in excess of $3 million. The trial judge awarded damages of less than $850,000. Among other things, the judge found that: (a) the…
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