In this Psychiatric personal injury claim (Hussack v. Chilliwack School District No. 33, 2011 BCCA 258) the 13 year old injury claimant was hit in the face with a field hockey stick while playing the game at school. He suffered a concussion which developed into a serious psychiatric illness called somatoform disorder. This disorder has left him…
In this chronic low back pain disability claim (Brennand v. Sun Life Assurance Company of Canada, 2011 BCSC 759) Sun Life issued a group policy of insurance to Telus Corporation in which Sun Life agreed to provide group long-term disability benefits for eligible Telus employees. The insurance claimant went off work as a customer service representative with Telus…
In this slip on ice personal injury case appeal (Foley v. Imperial Oil Limited,2011 BCCA 262) the injury claimant was injured at a car wash at an Esso service station in North Vancouver, British Columbia. the injury claimant slipped on a small patch of ice near the car wash and fell backwards hitting his head and suffering a serious…
In British Columbia car accident injury claimants that bring their lawsuit in Small Claims Court are not entitled to a contribution toward their legal fee even if they win the case. If an award for a personal injury is less than $25,000.00 the Supreme Court will not award a contribution toward legal fee unless the claimant…
In this unfortunate medical malpractice infant case (Ediger v. Johnston,2011 BCCA 253) the trial judge initially found that the surgeon had breached the standard of care and failed to obtain the injury claimant’s informed consent to the procedure, but the Court of Appeal disagreed and dismissed the claim. The surgeon successfully appealed on the issue of causation claiming that he did nothing…
This is a good example of a personal injury case win that really turns out to be a loss (Dempsey v. Oh, 2011 BCSC 627). The injury claimant was riding his bicycle when he collided with a vehicle being driven by the defendant, likely insured by ICBC. The Judge awarded the claimant $20,000 for pain and suffering and $629.96…
In this Vancouver medical malpractice lawsuit (Fairchild v. Vancouver Coastal Health Authority, 2011 BCSC 616 ) the injury claimant settled the day before a 10 day trial for some $200,000 plus costs and disbursements. The claimant fell while skiing at Whistler, British Columbia, fractured her leg and was taken to a clinic in Whistler. She was discharged from…
In this minor car accident Jury trial case (Gehlen v. Rana, 2009 BCSC 1484) the injury claimant was awarded $13,486 by the Jury yet before the trial ICBC, the insurance company defending the at fault driver, had offered $22,000.00 to settle the case. The trial concerned both liability and damages for a motor vehicle accident and…
The Claimant was injured when she slipped and fell while shopping at Safeway (Charlie v. Canada Safeway Limited, 2011 BCCA 202) in Duncan, BC. She brought a lawsuit against Safeway claiming that it failed to fulfill its duty to keep the premises reasonably safe. This was an appeal of a decision of a Supreme Court Judge to the British Columbia…
In this ICBC brain injury lawsuit (Jampolsky v. Shattler,2011 BCSC 494) the claimant was involved in four car accidents all of which the Insurance Corporation of British Columbia, ICBC, was the insurer of the other drivers. The claimant was a 28 year old Surrey resident at trial and at the time of the first accident the claimant was only 18 years old.…