In this consent authorization case (Nikolic v. Olson,2011 BCSC 125) the Supreme Court of BC essentially has forced an injury claimant to sign “consent” forms for release of private information from people outside the lawsuit and outside British Columbia. This presents important implications for personal injury lawyers representing injury claimants and the out-of-Province entities that…
This injury claim arises from a Vancouver car accident (Tang v. Rodgers,2011 BCSC 123) which occurred near the intersection of 33rd Avenue and Commercial Drive . The only issue the court had to decide was who was at fault for the car accident. The injury claimant was driving westbound on 33rd Avenue intending to turn right…
In this Victoria personal injury case( Hamilton v. Demandre,2010 BCSC 1914) the injury claimant was involved in 2 car accidents 8 years apart. Lawyers for ICBC as insurer for the defence sought a court order that the claimant attend and submit to 2 medical examinations. The injury claimant resisted the court application on the basis that the medical examinations were neither…
As a lawyer I represent personal injury claimants in British Columbia and have come to appreciate how important it is to advocate for injury claimants independent of government and ICBC, which was created by government in 1972. Imagine a world where a government run insurance company could control what your lawyer was allowed to do and say. Perhaps even…
I have been a personal injury lawyer in Vancouver since 1995 representing injury claimants and can say that this brain injury falling case (Danicek v. Alexander Holburn Beaudin & Lang, 2011 BCSC 65) stands out for me as an example of the liability insurance system gone wrong. The injury claimant, a young lawyer, suffered serious and permanent injuries…
In this car accident case(Chen v. Beltran, 2011 BCSC 41) the court dismissed the litigation guardian’s claim on behalf of her injured son arising from an accident in which the boy sustained serious injury. The accident occurred when the child, riding a skateboard, entered the intersection of 10th Street and Royal Avenue in New Westminster and was…
In this pedestrain injury case( Zawadzki v. Calimos, 2011 BCSC 45) the claimant was hit by a U-Haul truck while he was walking north on 20th Street in New Westminster, British Columbia . the driver denied being at fault throughout the trial. At the beginning of closing submissions, liability was admitted but the driver tried to argue that the…
If the Insurance Corporation of British Columbia, ICBC, lawyer gives an injury claimant an offer to settle their injury case, ICBC is usually entitled to 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. Personal injury lawyers hired to help…
As a personal injury lawyer in Vancouver I have represented many clients ages 70 and over and I am familiar with some of the unique issues that arise after a car accident in assessing appropriate compensation for the elderly. In this post I’d like to look at a recent falling injury case(Etson v. Loblaw Companies Limited (Real Canadian…
In this Vancouver personal injury case(Jackson v. Mongrain)the claimant sought compensation for injuries arising out of a car accident which occurred on the Lougheed Highway in BC. The car in which the injury claimant was a passenger was stopped in the left lane for eastbound traffic waiting for the car ahead of it to complete a turn.…