In this road maintenance appeal (Billabong Road & Bridge Maintenance Inc. v. Brook, 2011 BCSC 297) the Provincial Court of BC had ordered the road maintenance company to pay the claimant for damages arising out of a motor vehicle accident that occurred on Highway 16E between Telkwa and Smithers. The Provincial Court concluded that the road maintenance…
This ICBC accident injury case(Hagen v. Insurance Corporation of British Columbia,2011 BCCA 124) poses the question of whether a driver of a motorcycle with a Class 6L learner’s licence is in breach of the Motor Vehicle Act Regulations where, having made arrangements to be followed by a supervisor, the learner was not within sight of…
In this knee injury appeal(Bradshaw v. Matwick,2011 BCCA 111) the claimant was injured when his vehicle was rear-ended and the other driver admitted fault for the accident. The at fault driver accepted that the claimant suffered soft tissue injuries to his neck and back in the accident but argued that an injury to the claimant’s knee was unconnected to the…
This jury award was first reduced by the trial judge and in this decision by the Court of Appeal in Vancouver the award was totally wiped out, requiring the injury claimant to start her lawsuit all over again. The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she…
This dental injury claim in BC involves three lawsuits alleging injury due to negligent dental treatment. This was an appeal from an order of a Master dismissing the injury claim. The dismissal was based on the claimant’s failure to submit for a second time to a medical examination and, more generally, on want of prosecution pursuant to Rule 22‑7(7). …
In an unfortunate turn of events this innocent injury claimant was denied compensation against ICBC in a hit and run car accident in Abbotsford, British Columbia(Morris v. Doe, 2011 BCSC 253). The claimant was injured in a motor vehicle accident at the intersection of South Fraser Way and Ware Rd. in Abbotsford when her husband was driving…
The appellant, in this car fire loss claim(Swailes v. Insurance Corporation of British Columbia, 2011 BCCA 95), leased a new Chevrolet Corvette automobile. He insured it under a comprehensive policy with the Insurance Corporation of British Columbia (ICBC). The vehicle was subsequently destroyed by fire. ICBC denied coverage under the policy, and the claimant sued ICBC for…
In this personal injury trial heard in Vancouver (Zen v. Readhead, 2011 BCSC 190) the BC Supreme Court reaffirmed that a claimant’s ability to earn income is a capital asset and if that capacity has been diminished the claimant is entitled to compensation for that loss. The claimant alleged that his injuries affected his ability to work and as a…
This was a personal injury trial(Knight v. Li,2011 BCSC 184) solely on the issue of fault for a motor vehicle accident that occurred at the intersection of West 41stAvenue and Angus Drive in Vancouver. It is common in British Columbia for personal injury lawyers and judges to agree that the issue of fault be decided before the…
This flashing green car accident( Lutley v. Southern, 2011 BCSC 117) concerns a car accident that occurred at the intersection of Oak Street and West 67th Avenue, Vancouver, British Columbia. This trial was only to decide the issue of fault. The injury claimant was driving her car south on Oak Street and the other driver was westbound on West…