This jury award was first reduced by the trial judge and in this decision by the Court of Appeal in Vancouver the award was totally wiped out, requiring the injury claimant to start her lawsuit all over again. The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she…
In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…
The injury claimant in this ICBC bike accident case (Dempsey v. Oh, 2011 BCSC 216) was riding his bicycle on 16thAvenue in Vancouver when he collided with a panel van. In addition to scrapes and bruises, the claimant said he suffered soft tissue injury which were so debilitating that he could not perform his work as a real estate…
In this personal injury trial heard in Vancouver (Zen v. Readhead, 2011 BCSC 190) the BC Supreme Court reaffirmed that a claimant’s ability to earn income is a capital asset and if that capacity has been diminished the claimant is entitled to compensation for that loss. The claimant alleged that his injuries affected his ability to work and as a…
In this Vancouver personal injury case(Jackson v. Mongrain)the claimant sought compensation for injuries arising out of a car accident which occurred on the Lougheed Highway in BC. The car in which the injury claimant was a passenger was stopped in the left lane for eastbound traffic waiting for the car ahead of it to complete a turn.…
In this personal injury summary trial(Thomson v. Hunt) the injury claimant was seeking compensation for injuries that he sustained in a motor vehicle collision in Coquitlam, British Columbia. The car accident occurred when it was dark and the roads were wet. The other driver was southbound at the intersection of Dawes Hill Road and Monashee Court in Coquitlam, when…
This accident injury claimant was a 27-year old recent graduate from Simon Fraser University when he was involved in the car accident(Lee v. Jarvie) which is the topic of my post. In the weeks prior to the accident the claimant was in the midst of applying to join the Royal Canadian Mounted Police (“RCMP”). He had…
In this left turn car accident case (Kelly v. Yuen) the injury claimant was driving at the intersection of West Broadway and Manitoba Street in Vancouver, BC. West Broadway at this intersection is a three-lane street in each direction. The claimant was in the inside lane heading east facing a green light and waiting with her turn…
In this personal injury case (Cripps v. Overend) the claimant suffered personal injuries in a motor vehicle accident on 168th Street in Surrey, British Columbia but failed to take adequate steps to rehabilitate after his injury. The accident was a T-bone impact from another driver that came through a stop sign at a high speed. The impact caused the…
In this puzzling ICBC top appeal on an award for income loss (Laxdal v. Robbins, BCCA) the injury claimant was involved in a four car motor vehicle accident on Bowen Road near the intersection of Pryde Avenue in Nanaimo, B.C. Fault for the accident was admitted but at issue was whether the claimant suffered any injuries in the accident and, if so,…