In today’s case, Thiessen v. Kepfer, 2025 BCSC 127 the Supreme Court ruled on cost awards following an ICBC personal injury trial. The plaintiff was awarded $1,224,699.74 in damages for injuries sustained in a motor vehicle accident which occurred in April, 2017. The key issue in this cost ruling was whether the plaintiff was entitled…
In MacFarlane v. Gustafson, 2024 BCCA 400, the injury claimant sought personal injury damages arising from a serious car accident injury. The claimant made a reasonable offer before trial which was rejected. One key matter concerned the trial judge’s decision to award double costs to the claimant under Rule 9-1(1)(c) of the Supreme Court Civil…
Financial hardship is expected for those injured in car accidents in British Columbia. David Eby and the NDP have brought back the 6% cap on injury victim’s case expenses. The Disbursement and Expert Evidence Regulation will create prejudice for those injury victims left fighting ICBC and their lawyers. The change in law prevents injury victims…
Facts of this Personal Injury Case This personal injury trial involved four car accidents. The trial lasted 17 days. The state run auto monopoly ICBC admitted liability in three of the four accidents, disputing liability in one. The Supreme Court awarded $66,000 for pain and suffering, $40,685.92 for vehicle damage and treatment expenses, and $92,607…
Bad News for those Injured in Car Accidents Settlements with ICBC to compensate for pain and suffering are ending. The BC NDP has created laws to prevent innocent victims of car accidents obtaining compensation for these losses. The current government have extinguished individual rights in favour of increasing the powers of the auto monopoly ICBC.…
How much ICBC pays for injury claims will plummet after May, 2021. Most will not have lawyers. ICBC settlements in 2021 will be unlike any other year in our history. Car accident injury claimants after May 1, 2021 will no longer be given compensation for loss of enjoyment of life. Let’s explain ICBC settlements for…
In the past year, an unusual number of ICBC cases have proceeded to trial. This is in large part due to ICBC’s current tactic of offering unreasonable and low ICBC settlement offers. As a result, numerous trials have been adjourned and postponed because there simply are not enough judges or courtrooms to handle the amount…
In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of compensation for loss of housekeeping capacity is that your ability to…
The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…
When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages). Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law. When researching prior trial awards, it is important to find cases which involve similar facts. When…
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