In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213] I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…
A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate. The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to prove that she had failed to mitigate her injuries (Park v. Targonski,2017 BCCA 134). The court…
There is no presumption of negligence in law simply because a vehicle hauling a trailer drives off the road. In a unanimous reversal this son’s negligence claim against his father has been sent back for a new trial.( click here to read Haynes v. Haynes, 2017 BCCA 131 ) A father and son were hauling a trailer loaded…
This injury claimant alleged a number of injuries including brain injury, which was said to have resulted in a loss of about $4 million in capital, as well as about $1,850,000 income to the date of trial and thereafter. In reasons for judgment indexed at 2014 BCSC 2113, real damages were assessed at $77,750. This is a case…
After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid back to ICBC as costs. In this article learn about the costs consequences for self-represented litigants…
Medical malpractice claims are among the most complex, risky and unpredictable civil claims to bring before the British Columbia court. This Court of Appeal case reveals the extent to which timing a medical negligence claim with recovery can determine the successful outcome of the case (Bell v. Wigmore, 2017 BCCA 82). This claimant suffered tinnitus, dizziness and…
This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did not like to complain about his injuries, which makes assessment difficult for the court. As…
Learn the basics about massage therapy coverage after a car accident in today’s article. Designed for ICBC claimants and massage therapists we discuss therapy payments for car accident related injuries in British Columbia. Massage Therapy- ICBC Benefits ICBC is only required to fund the first $23 of massage treatment performed by a Registered Massage Therapy. Most…
In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected. The claimant was therefore entitled to an…
Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary. The following personal injury case tried unsuccessfully to prove otherwise ( click here to review full case of Wright v. Mistry,2017 BCSC 239).…