An ICBC injury claim always gets to a point where offers to settle have to be made. If an injury claimant makes a reasonable offer and ICBC refuses to to accept the offer, the Court can punish ICBC if the court award in more than the offer. However, the rules of court allow judges to…
This was an application of a personal injury claimant to have the judge’s reasons withdrawn from the Court’s website (2017 BCCA 321). In the personal injury case it was alleged the claimant suffered a brain injury that left him with a lack of emotional control. The claimant had an “outburst” during cross-examination that involved the use of expletives, and…
In this personal injury case study the issue of greatest disagreement was the appropriate award for future loss of earnings or loss of income-earning capacity. The ICBC claimant, 42 years old at trial, was involved in a motor vehicle accident in the city of Maple Ridge, British Columbia. The claimant was driving about 10 km an…
A 17 year old ICBC claimant was a passenger injured in single-car accident in which a 15-year-old unlicensed driver lost control of a vehicle owned by another. They were at a campground near Dry Lake BC and were going to buy hotdogs when the driver lost control of the vehicle while fiddling with the CD player. The…
In this personal injury case ICBC argued cruelly and unsuccessfully that a claimant with a meagre income should not be protected from the cost consequences of refusing a reasonable offer to settle. The injured claimant was on CPP disability pension and had not worked for many years at a full‑time job. His disability pension ended when…
This intoxicated pedestrian, Mr. Joel Robert Michael Ackley, made fun of a driver’s dreadlocks and removed his shirt while waiting for the driver to emerge from the Subway (Ackley v. Audette,2015 BCSC 1272). As the driver tried to leave the parking lot Mr. Ackley tried to prevent him from getting into his car. When the driver got into his…
In a stunning act of judicial deference this keen use of the broad discretion to award costs has allowed a personal injury claimant to recovery the legal costs of a claim despite dismissal of the action. The claimant was involved in two car accidents about 3 years apart. In the first accident the defendant admitting fault and the…
If an offer to settle a personal injury claim with ICBC is not in the proper form and not served on all the parties of record, the court can deny costs even if the offer is beat- Granja v. Jozsef, 2017 BCSC 1087. The injury claimant offered to settle his case for $70,000 before trial. ICBC refused…
A jury trial is a presumptive right in a personal injury action. This car accident injury occurred on Salt Spring Island when another vehicle, travelling in the opposite direction, turned left and into the path of the claimant’s vehicle. Given the complicated mental injury claim and other legal issues the claimant applied, unsuccessfully, to have the jury struck.…
This Court of Appeal case displays the behaviour of the Vancouver Coastal Health Authority, nurses and doctors in British Columbia when it come to defending against medically negligent mistakes. This appeals arose out of a medical negligence action in which a nurse and doctor were found to be negligent at the emergency department of Powell River General Hospital.…