This personal injury lawsuit arose from a motor vehicle accident which occurred when a trailer swayed in the wind and broke off injuring the claimant. This was a successful application by the claimant pursuant to Rule 9 – 7 of the Supreme Court Civil Rules for judgment against the defendant on the issue of liability. The court concluded…
This ICBC personal injury claim arose out of two rear-end motor vehicle accidents. The claimant was involved in a third accident in which he was at fault. The question arose as to what impact, if any, the claimant’s responsibility for the third accident should have on the defendants’ liability for the consequences of his injuries (Derksen v. Nicholson,Insurance…
Fueled by a drunken rage, the defendant drove over to the claimant’s house in Mission B.C. armed with a metal pole intent on inflicting grievous bodily harm. The claimant said that the truck came bouncing down the driveway towards the house with its horn honking. A fight ensued in which the claimant suffered a serious blow to…
When injured as a passenger on a public bus, public carriers and bus drivers have a heavy burden to establish that they used all due, proper and reasonable care and skill to avoid or prevent injury to the passenger. This principle was reaffirmed in the personal injury case of Hutchinson v. Dyck, 2015 BCSC 1039. The claimant was…
This ICBC claimant was involved in a motor vehicle accident while driving a vehicle which was insured by the Insurance Corporation of British Columbia, ICBC. The claimant reported the accident to ICBC without a lawyer and in so doing made a number of statements regarding the circumstances of the collision. ICBC refused to pay the claimant for his vehicle, alleging the…
Assessing fault after a car accident involves applying the common law duties of care. This personal injury lawsuit concerned the determination of liability for injuries sustained in a motor vehicle accident at the intersection of Fraser Street and East 12th Avenue in Vancouver (Boyd v. Baldwin,2015 BCSC 887).The claimant was a front seat passenger in a vehicle…
There were two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000. The defendant offered to settle for $55,000.00. At trial the claimant was found 50% at fault for a car accident and…
The 15 year old Claimant in this personal injury case was one of nine teenage passengers in a vehicle travelling at a high rate of speed, planning to throw eggs at people. She had drunk from a shared 2‑litre bottle of alcohol cider and sat in the vehicle wearing no seatbelt. Before the accident…
The Court of Appeal has upheld the dismissal of this personal injury lawsuit as the claimant entered the intersection imprudently without care and attention and at a time when the other vehicle constituted a threat of collision (Jones v. Treloar, 2014 BCCA 492). The claimant was driving his motorcycle at Georgia Street and Broughton Street in Vancouver…
This was an appeal from a personal injury case apportioning 60% of the liability for a motor vehicle accident to the injury claimant. The car accident occurred on the Ironworkers Memorial Bridge on the Trans-Canada Highway between Vancouver and North Vancouver (Langille v. Marchant, 2014 BCCA 430). The claimant rear-ended a vehicle after passing the crest on…