Appellant wins as Court of Appeal overturned a trial judges decision defining the meaning of “owner” in the Yukon.( Aucoin v. Shepherd, 2013 YKCA 1) . The second owner purchased a motor vehicle from the first owner, who was the original registered owner of the vehicle. the first owner signed and gave the second owner the required transfer papers and the only set…
As a personal injury lawyer in Vancouver since 1995 I have negotiated with the Insurance Corporation of British Columbia, ICBC, for injury claimants on practically every type of car accident injury. One thing is common, genuine settlement negotiations are always “without prejudice”. What does without prejudice mean? This is the topic of today’s article. Also watch my…
Injury in a car accident in British Columbia usually results in a personal injury case with the Insurance Corporation of British Columbia, ICBC. ICBC INJURY LAWYERS is a term often used and I define this to mean personal injury lawyers in British Columbia that represent injury claimants against an ICBC insured driver for injury loss…
Can a personal injury award be reduced? The answer is yes, by the Court of Appeal when discussing a case filed in the Supreme Court of British Columbia. If you have gone through a trial and received a favourable award, ICBC or any other defendant, has 30 days to appeal this decision. You and your personal injury…
In this ICBC disc disease car accident case(Peso v. Hollaway,2012 BCSC 1763) the claimant was returning from Osoyoos when he stopped his vehicle on 104th Avenue, in Surrey and came across two other motorists in an altercation. He was about to provide assistance when a vehicle reversed and struck the claimant’s car. The claimant’s car only sustained $1,500 of damage. The Insurance…
My personal injury law firm has negotiated hundreds of out of court settlements with the Insurance Corporation of British Columbia on behalf of car accident injury claimants, which is a first rate way of saving court time and expense. Some personal injury cases cannot however be settled and are best taken to trial by experienced…
If the Insurance Corporation of British Columbia , ICBC, gives an injury claimant an offer to settle their injury case, ICBC may seek their legal and out of pocket expenses after the date of the offer, if the injury claimant refuses the offer and gets less at trial. However the Court of Appeal for British Columbia, in the…
This vexatious ICBC litigant with no lawyer,(Pearlman v. ICBC, 2012 BCCA 398) tried to appeal, without success, an order made by the Supreme Court of British Columbia restricting his ability to continue filing lawsuits. The appellant also complained that his pleadings were modelled on textbook pleadings and the Judge was wrong to say they disclosed no cause of action. However, the…
In this Supreme Court lawsuit the driver involved in the single vehicle car accident was sued by ICBC for reimbursement of money (ICBC v. Nisbet, 2009 BCSC 1570)it was obliged to payout for the settlement of personal injuries to the passenger. After the car accident the passenger telephoned ICBC’s dial-a-claim line to report her injury. The ICBC…
In this low velocity car accident injury case (Naidu v. Gill,2012 BCSC 1461) the injury claimant waited over one year to report his accident to the Insurance Corporation of British Columbia, ICBC. The accident took place when the claimant was rear ended near the intersection of 88th Avenue and Fraser Highway in Surrey, BC. This…