This birth malpractice case (Cojocaru v. British Columbia Women’s Hospital and Health Centre,2013 SCC 30) resulting in brain injury affirms the direction that Canadian Courts are taking to informed consent in personal injury malpractice cases. The multi-million dollar award was upheld against one doctor for failing to provide the claimant with informed consent for the “vaginal…
The BC Court of Appeal found that inadequate signage negligently caused injury in this uneven pavement car accident (Van Tent v. Abbotsford (City),2013 BCCA 236). This case re visits the distinction between duty and standard of care, affirming the three step process for proof of Civil Negligence. The Anns neighbourhood rule is applied and the court makes it clear that…
Here is the who, what, when, where and whys of the new landscape in BC for release of confidential and private documents in ICBC claims. Effective up to date advocacy based on leading case authority in ICBC claims can make the difference. Lawyers that specialize in personal injury claims assess the risks of disclosing your…
For over 20 years the Insurance Corporation of BC, ICBC, has denied injury claims when there is minimal damage to the vehicles. When I started as a personal injury lawyer in Vancouver in the mid 1990’s this program was referred to as ICBC’s Minimal no Damage or No bash no Cash policy. The modern Low Velocity…
Statements made to the Insurance Corporation of British Columbia, ICBC, in writing, on the phone, online or in person are vital to a claim for accident benefits and can affect a subsequent claim of negligence. Any reply to the ICBC’s request for information must be accurate, and as is seen in a recent ICBC forfeiture of benefits…
A $3.2 million personal injury award has been restored by our top court,the Supreme Court of Canada, helping to reinforce our modern approach to legal causation in medical malpractice cases(Ediger v. Johnston, 2013 SCC 18) and personal injury cases generally. Personal injury lawyers assisting the injured will applaud the clarity and brevity of this decision. This…
In Canada most believe that innocent victims injured in car accidents should obtain some amount of compensation, however minimal, for pain and suffering and other losses without an attack on the victims credibility- In British Columbia this money usually comes from the Insurance Corporation of British Columbia, ICBC, on behalf of the at fault driver- However in two personal injury appeal…
There may be many reasons why you need to get a personal injury lawyer after a car accident and the lack of legal understanding is the number one destroyer of good cases. In this personal injury case the claimant did not have a lawyer and her case was a failure(Kapelus v. Hu, 2013 BCCA 86) due to…
In this lying to ICBC about a car crash case (ICBC v. P.,2013 BCSC 238)a couple that made false statements to ICBC about a car accident was ordered to pay over $200,000 to ICBC as repayment of benefits paid. None of the litigants had hired a lawyer before making these statements to ICBC and they had involved friends…
Compensation for legal fees in car accident personal injury cases is slated to be further explained, clarified, and examined by the court (Lee v. Jarvie, 2013 BCCA 17). The BC Court of Appeal granted leave to appeal in this car accident award for personal injuries after the claimant was only awarded 50% of his legal costs and the defendants were awarded 50% of…