In this personal injury appeal, the Court of Appeal addressed the quantum of damages for past and future loss of income arising from a motor vehicle accident (Tigas v. Close, 2024 BCCA 223). The injury claimant alleged a loss of over $3 million at trial and was only awarded under $500,000. The appellants contested the…
The primary issue in this personal injury appeal was the trial judge’s finding of causation for damages awarded to the claimant following a motor vehicle accident. The case was heard before the Honourable Justices Stromberg-Stein, Voith, and Skolrood. The appellants sought to overturn the damages awarded, arguing that the trial judge made a palpable and…
In this personal injury appeal (McGuigan Estate v. Pevach,2024 BCCA 106) the pedestrian was struck in a crosswalk and severely injured at the intersection of 30th Avenue and 39A Street in Vernon. The driver was found 100% at fault and the claimant was awarded $1.7 million. The driver appealed claiming that the judge had failed,…
In this medical malpractice case the Vancouver General Hospital appealed a decision finding them negligent in failing to assign one-on-one supervision to an elderly patient (Vancouver General Hospital v. Zheng,2024 BCCA 42). The patient subsequently fell and broke his hip. The appeal focused on whether the trial judge erred in concluding that the standard of…
ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money…
Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…
In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial…
This was an appeal of a personal injury award for loss of future earning capacity. The judge awarded the 61 year old claimant $45,000 representing six months of income, and potential loss of pension. The claimant was driving on Hastings Street in Burnaby, when the defendant suddenly moved into his lane of traffic and struck…
This ICBC injury claimant, without a lawyer, failed to appear at his trial. The Judge dismissed the claim. In this court application the claimant sought leave to appeal the order dismissing his lawsuit for damages. The case arose out of a car accident that occurred in March 2015. He claimed that the defendants’ car rear‑ended…
A dismissal of a claim against ICBC (Karbalaeiali v. Insurance Corporation of British Columbia, 2022 BCCA 223) was the subject of this appeal. The ICBC claimant was injured in two motor vehicle accidents and settled his claims for damages and benefits. Before settlement of the claims, he had difficulty obtaining no‑fault benefits and negotiating a…
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