A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…
The Court of Appeal has ruled that admitting liability and settling a lawsuit but also denying liability in another lawsuit for the same car accident is not an abuse of process. (Glover v. Leakey,2018 BCCA 56) This case involved a car accident in which two lawsuits were commenced by different occupants. In one lawsuit ICBC admitted their…
The amount awarded for cost of future care can be adjusted up or down to take into account the availability of other benefits. In this Court of Appeal decision the court reaffirms this principle as it relates to the likelihood of continued publicly funded home care from Alberta Health Services (AHS). The injury claimant was involved…
The train conductor was negligent for colliding with a van because he failed to notice that the signal lights had not been flashing before the train entered the crossing. The claimant was seriously injured in the accident and had no memory of the events. The claimant pleaded guilty to a charge under s. 144 of the Motor Vehicle…
In this car accident personal injury case the claim for past loss of earning capacity was dismissed as speculative. Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed the appeal. (Rousta v. MacKay,2018 BCCA 29). The ICBC claimant was driving on Taylor Way…
This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…
The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…
The Rear Ender: Mechanics of Whiplash Associated Disorder The neck acts as a stationary marker during an average rear end impact collision. When hit from behind by a car the spine and torso load the seat and the torso begins to accelerate. Significantly high shear forces develop in the neck and brain, the spinal curves straighten and the…
This injury claimant was a passenger in a single vehicle accident. The car accident occurred on Stillwater Main Road, a gravel logging road which intersects Highway 101 near Powell River, British Columbia. As the claimant’s vehicle approached the intersection, the driver lost control, the vehicle fishtailed, went up onto an embankment, launched into the air and rolled…
The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time of the car accident despite admitting negligence (Brennan v. Colindres,2017 BCCA 413). The negligent driver testified…