Doctors are placed in a position of trust and confidence when dealing with patients. The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary. Doctors are considered fiduciaries and patients are considered beneficiaries. A doctor’s obligation to act in his/her patient’s best interests is understood as the…
If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income. This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits. If there is disability coverage through your employer, you may be eligible to receive short…
In all medical malpractice claims, the injured claimant has the burden of proving that the doctor was negligent. This involves proving on the balance of probabilities that that the doctor owed a duty of care to his/her patient, that the doctor failed to meet the standard of care expected of him/her and that this negligence…
In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of compensation for loss of housekeeping capacity is that your ability to…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not…
Prior consistent statements are inadmissible to prove the truth of a statement. However, the use of such statements as narrative is allowed to show the fact or timing of a complaint. These statements may be of assistance in determining its truthfulness or credibility ( R. v. Dinardo, 2008 SCC 24, at para. 37). They may…
As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses. In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…
The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…
In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …
The NDP have quietly passed a new law that will dramatically change ICBC and the rights of the injured. The new change to ICBC is No Fault Insurance. The NDP and ICBC are doing their best not to call it No Fault Insurance and instead are labeling it “Enhanced Care Coverage” in a likely effort…