This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30). The important issue in this BC Court of Appeal case was the availability of double costs…
The Court of Appeal has upheld the dismissal of this personal injury lawsuit as the claimant entered the intersection imprudently without care and attention and at a time when the other vehicle constituted a threat of collision (Jones v. Treloar, 2014 BCCA 492). The claimant was driving his motorcycle at Georgia Street and Broughton Street in Vancouver…
In a surprising personal injury claim decision the British Columbia Court of Appeal has remitting the matter of cost of future care to the judge for a fresh determination. ICBC successfully challenged the awards for massage therapy and physiotherapy; Botox injections to the right shoulder; prescription for Nortriptyline; chiropractic treatment; and seasonal cleaning and gardening assistance (Johal…
After a car accident, a mild traumatic brain injury case usually relies heavily on the credibility of the claimant. With a normal MRI and no objective signs of injury, the court must rely on the credibility and reliability of the claimant and the strength of any corroborating evidence. The following appeal of a Brain Injury…
This was an appeal from a personal injury case apportioning 60% of the liability for a motor vehicle accident to the injury claimant. The car accident occurred on the Ironworkers Memorial Bridge on the Trans-Canada Highway between Vancouver and North Vancouver (Langille v. Marchant, 2014 BCCA 430). The claimant rear-ended a vehicle after passing the crest on…
This personal injury Claimant was walking through a parking lot of a strip mall in Cranbrook, B.C. when he was struck by and injured by a motor vehicle. The trial judge concluded that the driver was 33 1/3% liable and the Claimant was 66 2/3% liable for the accident. However the Claimant’s appeal was allowed and…
This unrepresented personal injury claimant was a passenger involved in a car accident for which fault was admitted. At the Vancouver trial the Judge awarded the claimant $25,000 for pain and suffering, $2,066 for lost wages, and $1,084.45 in out of pocket expenses, much less than she sought. The claimant therefore appealed alleging that the trial judge…
This personal injury lawsuit was settled about 10 days before the beginning of the trial, after the claimant accepted an Insurance Corporation of British Columbia, ICBC, offer of settlement for approximately $155,000.00 plus costs and disbursements (Salsman v. Planes,2014 BCSC 1726). Following settlement, the claimant’s personal injury lawyer presented a bill of costs in the sum…
Many slip and fall personal injury claims in British Columbia have been successful because the judge determined that the owner of a property had created an unusual danger. However with the introduction of the Occupier liability Act the common law concept as of “unusual danger” began to lose meaning and in Agar v. Weber, 2014 BCCA…
The claimant was injured when he fell while riding a bus. We reviewed the trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s application to recover two thirds of the costs of the personal injury…