Parmar v. Rink 2019 BCSC 1626 is a pedestrian crosswalk case. In this case, the motor vehicle accident occurred in a marked crosswalk in a rural area. The injured claimant, who was wearing dark clothing, was walking with her two children. It was the early evening and it was dark out. The roads were wet…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed by Canadian Lawyer Magazine about an ICBC case involving an injured claimant who suffered severe PTSD. Ms. Small originally wrote a blog article on this ICBC PTSD claim which proceeded to trial. In that ICBC case, the injured claimant was…
ICBC uses surveillance to investigate injured claimants and ICBC injury claims. Typically, ICBC uses surveillance when the ICBC adjuster is suspicious about the true nature and extent of the injuries claimed. It is also used when ICBC questions whether injured claimants are truly unable to work due to their injuries. When ICBC wants to conduct…
As discussed in previous blog posts, there are certain requirements that must be met for ICBC hit and run claims. If these steps are not taken, then ICBC can rely on a statutory defence to dismiss the claim entirely. Section 24 of the Insurance Vehicle Act sets out the legal basis for an ICBC hit…
In a recent ICBC case that proceeded to trial, our client was awarded $225,000 for past and future ICBC loss of housekeeping capacity which was one of the highest awards ever made in this province. Other cases where substantial awards for loss of housekeeping capacity are as follows: $570,000 Xu v Balaski, 2020 BCSC 940: …
As discussed in a prior blog post, informed consent is often a significant issue with a number of medical malpractice claims involving not only doctors, but also non-medical doctors such as chiropractors, physiotherapists, massage therapist and acupuncturists. Because most medical procedures involve some level of risk, all medical practitioners have an obligation to fully inform their…
Post traumatic stress disorder, also known as PTSD, is a mental health condition that is triggered by a terrifying event — either experiencing it or witnessing it. Symptoms may include flashbacks, nightmares and severe anxiety, as well as uncontrollable thoughts about the event. When some people suffer from PTSD, it can be extremely disabling to…
At issue in every ICBC claim is the nature and the extent of the injured claimant’s injuries caused by the motor vehicle accident and the effect they have had and will have on his/her function. The injured claimant has the burden of proving not only the injuries, but also whether the motor vehicle accident was…
In Jones v. Rossner 2020 BCSC 2056, the 42 year-old female injured claimant suffered injuries in a motor vehicle accident when the vehicle she was driving was rear-ended without any prior warning. Before the collision, she was in good health both physically and emotionally. She regularly attended the gym and worked with a personal trainer. …
In our prior blog posts we have discussed informed consent in medical malpractice claims. As established by the Supreme Court of Canada, the key points to informed consent are: The doctor must disclose the nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient. The…