This order for costs in a personal injury action follows the decision in Jack v. Tekavec, 2010 BCSC 1773, finding a landlord at fault for a faulty balcony railing causing serious injuries to the claimant. The trial judge awarded damages of $322,463.78. The claimant delivered an offer to settle the lawsuit to the landlord’s lawyer long before…
The British Columbia top court, Court of Appeal, in this Vancouver filed car accident personal injury claim(Sobolik v. Waters) decided that the trial judge made an error when explaining the law regarding loss of earning capacity to the jury. This personal injury claimant, after winning a jury award of over $452,000.00, is now required to start…
In this personal injury brain injury (Jones v. Donaghey)case the infant claimant was an aboriginal child living with his parents on a reserve. The Director of Child Welfare took him into care, and eventually placed him in a foster home. The personal injury lawyer representing the brain injury infant claimed that he was intentionally assaulted by the foster…
Rizzolo v. Brett, 2010 BCCA 398 This was an appeal by ICBC representing the at fault driver of a $562,103.30 court award due to a fractured tibia and fibula resulting in chronic pain from a motorcycle accident. The injury case being appealed is indexed at 2009 BCSC 732. One of the arguments that was rejected by…
Wright v. Brauer, 2010 BCSC 1282 This court application was made to force the injury claimant to attend a medical examination set up by ICBC representing the drivers in a motor vehicle accident case. This request was made only two months and one week before the scheduled trial. The personal injury lawyer representing the injury claimant gave ICBC two medicolegal reports. …
Jones v. Ma, 2010 BCSC 1125 August 11, 2010- The motor vehicle accident that is the subject of this personal injury claim occurred on Clarke Street in Port Moody, British Columbia. At that location, Clarke Street has two westbound lanes of traffic separated from the single eastbound lane by a double solid yellow line. Just prior to the…
Duncan v. Mazurek, 2010 BCCA 344 July 26, 2011- The injury claimant was jaywalking across Canada Way in Vancouver when she was hit by a vehicle. The Claimant had no memory of the car accident due to brain injury; the eyewitness evidence conflicted; and the driver that hit the injury claimant died before the personal…
In this personal injury appeal (McGuigan Estate v. Pevach,2024 BCCA 106) the pedestrian was struck in a crosswalk and severely injured at the intersection of 30th Avenue and 39A Street in Vernon. The driver was found 100% at fault and the claimant was awarded $1.7 million. The driver appealed claiming that the judge had failed,…
According to the Petition filed by the Trial Lawyers Association of BC ( “TLABC”) on March 15, 2024 the Disbursements and Expert Evidence Regulation, (the “DEER”) is an unauthorized exercise of government authority and infringes the Charter Rights of car accident claimants. The NDP government openly admit that this legislation was brought in to benefit…
Background to the 6% Cap on Disbursements The Disbursements and Expert Evidence Regulation caps disbursements in personal injury cases at 6% of the plaintiff’s total damages post-trial or settlement. It only applies to vehicle injury proceedings, essentially car accident cases. It requires injury claimants to apply to exclude disbursements from this cap before the disbursement…