This is a review of an award of double costs against an ICBC insured for failure to accept a reasonable offer of settlement( J.D. v. Chandra,2014 BCSC 1272) . This successful personal injury claimant offered to settle her ICBC case for $200,000 after attending a Judicial Settlement Conference. The Insurance Corporation of British Columbia, ICBC, rejected the…
The claimant was injured when he fell while riding a bus. We reviewed the trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s application to recover two thirds of the costs of the personal injury…
Good news for personal injury claimants in Victoria, Vancouver and the rest of the Province. If a personal injury case in British Columbia is filed under Fast Track , the Civil Rules limit the under oath examination of the claimant to two hours. The following case of (Henneberry v. Humber, 2014 BCSC 1133 ) stands for the…
After settlement of a personal injury case with ICBC the last thing an injury claimant expects is another fight over the costs of the case. Well, currently the Insurance Corporation of British Columbia, ICBC, seems to be welcoming settlement with an iron fist by fighting costs after settlement. In the personal injury case of Gray v. Kohnert,2014…
A family doctor or specialist involved an in ICBC or other personal injury claim is often much less prepared for court than many personal injury clients expect. There are many factors to consider when finding a physician including experience, location, local resources, and the like. However, an understanding of their duty to the Court will…
This car accident injury claimant was offered $450,000 to settle his settle her personal injury claim against ICBC and its insured(Brewster v. Li,2014 BCSC 463). When the offer was refused the case proceeded to a Supreme Court trial and after 9 days she was awarded $418,500, over $30,000 lower than the ICBC Offer. The Judge…
An award for personal injury losses requires a trial judge, orally or in writing, to provide adequate reasons justifying the award. However this was not done in the following case, illustrating the real prejudice inadequate reasons can pose to innocent personal injury claimants. The injury claimant, riding as a front seat passenger had her feet hanging…
This Car accident brain injury award for an 18 year old passenger (Hermanson v. Durkee, 2014 BCSC 877) arose from a single vehicle accident on a forest road in British Columbia. The vehicle left the road which resulting in the ICBC claimant suffering a severe traumatic brain injury and ruptured spleen. Because of the location of the motor vehicle accident there…
Personal injury lawyers in British Columbia are often faced with having to attend one or more Case Planning Conferences (“CPC”) at the request of ICBC or other defendants in the normal course of litigation. These closed court CPC’s have a status of their own and, as recently revealed, are under veil of secrecy. The court…
This successful personal injury claimant was awarded double costs of all steps taken in the lawsuit following an offer to settle he made in the week before the trial (Ostrikoff v. Oliveira,2014 BCSC 842). In ICBC personal injury cases additional costs can be awarded to a party if they beat a reasonable offer made before the…