Even the most experienced personal injury lawyers need to pay attention to this case. The Court of Appeal has made it clear: When finding a pedestrian 100% at fault the court must analyze not only the pedestrian’s duty but also the driver’s duty of care (Vandendorpel v. Evoy, 2016 BCCA 270). Statutory provisions and the duties imposed by…
Injuries caused by fire can often be prevented by the use of fire alarms, commonsense. However, the Court of Appeal does not accept this as commonsense, and dismissed this renter’s injury appeal on the basis that there was no evidence that the use of a fire alarm would have reduced or eliminated the harm. In this injury…
Astonishing new communication rule from our Court of Appeal will effect all personal injury cases in the Province: When parties agree to the use of email as a form of communication, once delivered to the email inbox of the other lawyer, the delivering party now has a “legitimate expectation that the email would be read”. (Great…
The Court of Appeal has done away with any legal basis for ICBC’s policy of denying disability benefits when total disability arises beyond the first 104 weeks of a car accident(Symons v. Insurance Corporation of British Columbia,2016 BCCA 207 ). Long term disability benefits for personal injury claims must now be paid for future periods of…
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…
ICBC, in this personal injury case, having been ordered to pay almost $400,000 in punitive damages for reprehensible conduct, wins a stay in the payment pending their appeal (Arsenovski v. Bodin,2016 BCCA 178). This ICBC injury case involved a car accident which occurred at the intersection of Nelson Avenue and Imperial Street in Burnaby. The claimant pedestrian was…
In a dramatic turn-around the Court of Appeal has allowed the appeal and set aside the order below dismissing this personal injury case . The car accident was at a very low speed and resulted in only approximately $100 in damage to the bumper of the claimant’s van. The defendant’s car was behind the claimant’s van in…
This car accident occurred while the claimant was making a left turn from Lougheed Highway onto Kanaka Way in Maple Ridge, BC. This was an appeal from an order made apportioning 60% of the fault for the accident to the claimant, and 40% of the fault to the respondent, a through driver (Pirie v. Skantz,2016 BCCA 70).…
Even if an injury claimant wins at trial in an ICBC injury claim, defendant’s have a right of appeal. In this case even though the defendant lost at trial they alleged that the trial judge was wrong and should have blamed the claimant for her own injuries (failure to mitigate) and should have drawn an adverse…
A Supreme Court Master refused to force this injury claimant to submit to an ICBC medical examination on two separate occasions and the Master awarded her costs. The judge made a substantial award of damages in this car accident injury case and awarded the claimant to costs at Scale B but denied her costs of defending these two…
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