Progressive Loses Subrogation in Personal Injury Claim

Progressive insured the Washington State claimants in two separate personal injury actions in British Columbia. The claimants were riding a motorcycle in British Columbia when they collided with a rental vehicle. The claimant’s insurance policy provided that Progressive would pay “reasonable expenses incurred for necessary medical services” received by the plaintiffs as insureds “within three years of the date…

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ICBC Loses over a Glare of the Eye

Prior Consistent Statements are Admissible to Rebut ICBC Claims of Fabrication This incredible win by the injury claimant on appeal reaffirms the evidence rule that prior consistent statements of injury claimants are admissible to rebut an allegation of recent fabrication (T. v. ICBC et al, 2016 BCCA 373).  Prior consistent statements can include ICBC dial-a-claim reports, signed ICBC…

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Injury Victim Failed to to Use Antidepressant Medication and Loses 50% of Claim

In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…

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First Somatic Symptom Disorder Personal Injury Awards

Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases.  The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…

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Province did not Abuse Superiority in $8 million Wrongful Conviction Award

In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests.  Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…

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ICBC Punished $155,000 for Failing to Disclosure Video of Claimant

ICBC has been stung with paying a car accident victim $155,340.86 in legal fees for failing to disclose a video showing her weakened and being taken away by ambulance! ICBC, the Insurance Corporation of British Columbia, disclosed to the jury only videos showing the claimant being active and disregarded a court order requiring disclosure of all videos in what seems…

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Injury Claimant Blamed for not Taking Anti-depressant Medication

Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway driving towards Deep Cove in British Columbia. She suffered ongoing chronic pain in her neck, shoulder…

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Without Prejudice Offers Not Admission of Liability

Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324).  The trial judge dismissed this personal injury case as statute barred, finding that the letter from the adjuster did not acknowledge…

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Dr. Holness Brain Surgeon Receives Lifetime Achievement Award

Dr. Renn O. Holness, has received the Canadian Neurosurgical Society’s (CNSS) Lifetime Achievement Award in recognition of his outstanding career and significant contribution to Neurosurgery. Dr. Holness attained the Gold Medal in the 1968 Bachelor of Medicine, Bachelor of Surgery, obtaining  Honours in Medicine and Surgery. Dr. Holness has saved numerous car accident victims from the catastrophic results of…

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Personal Health Information for All British Columbian’s Disclosed to Tobacco Company

Personal Injury lawyers should know that the Court of Appeal has allowed the Information and Privacy Commissioner of British Columbia to challenge an order that allows the tobacco company Philip Morris International Inc. access to a number of government databases containing personal healthcare information. The central issue on appeal will be whether the chambers judge erred in not…

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