In 7-Eleven Canada Inc. v. Tommy,2025 BCCA 220 the BC Court of Appeal again revisited the doctrine of divisibility of injuries in tort law. The case concerned significant ankle fractures on 7-Eleven’s property in 2018. While liability was admitted on appeal, the focus was on whether the trial judge had erred by treating the claimant’s…
No-Fault Insurance and Wrongful Death Framework 2025 In April 2025, a vehicle-ramming attack at Vancouver’s Lapu Lapu Day Festival tragically killed 11 people and injured many others. The incident has brought attention to the limitations in compensation available to victims and their families. These limitations stem from two key aspects of British Columbia law: the…
Post traumatic stress disorder, also known as PTSD, is a mental health condition that is triggered by a terrifying event — either experiencing it or witnessing it. Symptoms may include flashbacks, nightmares and severe anxiety, as well as uncontrollable thoughts about the event. When some people suffer from PTSD, it can be extremely disabling to…
In Anderson v. Molon 2020 BCSC 1247, the injured claimant brought a claim for personal injury for sexual abuse. Claims were made against the priest in sexual battery who abused her and against the diocese in vicarious liability and negligence for failing to take steps to protect her from harm when it knew of the…
The Supreme Court of Canada in Saadati v. Moorhead 2017 SCC 28 has set a precedent which helps injured claimants access justice more easily against ICBC and other insurance companies for mental injuries such as depression, anxiety, post-traumatic stress disorder and somatic symptom disorder. In this case, the injured claimant was injured in a motor…
In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…
In this personal injury case Volvo was found 100% liable for negligent manufacture, negligent design and failure to warn for a Volvo 780 truck purchased in 2007. The appellants, Volvo Trucks North America Inc. and National Truck Centre Inc. dba Pacific Coast Heavy Truck Group, appealed an order that they pay damages to the…
The claimant was injured in a motor vehicle accident and alleged the car accident caused physical and psychological injury, including nervous shock. The claimant emigrated to Canada 10 years before the application and had come with a history of experiencing beatings, tortures and slavery. The defendant sought a court order for his file from Immigration, Refugees…
This 47 year old plumber and business owner suffered injuries in a car accident on Highway 97 just south of Quesnel, B.C. The other driver’s GMC pick-up truck crossed over the highway’s center line and collided with a trailer being towed by the claimant and traveling in the opposite direction. The next morning he called ICBC and…
This Prince George property owner was awarded $7,500.00 for exemplary or punitive damages for trespass as part of a compensation package which included a permenant injunction and $10,500 in damages.(Stewart v. Phillips, 2018 BCSC 828) The purpose for a punitive damage award includes deterrence, punishment, and recognition of unnecessary humiliation. The basis for a punitive damage award is an…
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