Having been substantially successful at trial, the claimant sought full indemnity for legal costs based upon a clause in an assignment agreement which had been entered into by the parties. The claimant was a real estate developer which arranged for the design, construction and sale of a residential project located in Burnaby, BC. An agreement…
This personal injury case the claimant was awarded a total of $404,282.20. However the defendants made a formal offer to settle before trial for $474,456.00 new money, plus advances of $15,669.40 for a total of $490,125.45, making it $101,475.74 higher than recovered.(Layes v. Stevens,2017 BCSC 2011) The claimant was injured in the motor vehicle accident. It came…
This personal injury claimant did not accept a reasonable offer to settle and the award at trial was significantly less than the offer. The claimant was offered more than $400,000 to settle his personal injury case before court but he refused. The jury awarded him under $200,000.(Luckett v. Chahal,2017 BCSC 1983) The court found the…
In a surprise winning decision this personal injury claimant succeeds in his appeal against the dismissal of his injury claim. Failing to file a medical-legal report is not a grounds for dismissal and the claimant was not provided with adequate notice. However, given the scant evidence he was only awarded $100.00. for his personal injury…
This injury claimant was a front seat passenger travelling northbound on Highway 6, between the towns of New Denver and Playmor Junction in the Kootenay region of B.C. when the car went out of control nearing a corner, crossed the highway and came to rest in a ditch. There were no other vehicles involved in…
The claimants’ 26 year old daughter was killed in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant. The boyfriend had been smoking marijuana, consuming a great deal of alcohol and driving with extreme recklessness. This claim was brought by the family under the Family Compensation…
The Court of Appeal has rejected the argument that the late admission of ICBC’s experts reports created a prejudice to the claimant. The claimant was injured in a car accident and sought damages in excess of $3 million. The trial judge awarded damages of less than $850,000. Among other things, the judge found that: (a) the…
For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but…
A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and law) by the defendant’s breach. In this tragic case a dirt bike and All-Terrain Vehicle (ATV) collided…
The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…