Test for Mental Injury the Same in Contract as Tort

  Personal injury lawyers should know this wrongful dismissal contract case, as the employer successfully appealed a $30,000 mental distress award for aggravated damages. The Court of Appeal found there was no evidentiary foundation for a mental injury award for aggravated damages  despite the Supreme Court Case Saadati (Lau v. Royal Bank of Canada,2017 BCCA 253).  In…

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Settling your Injury Claim Under Duress Without a Lawyer

As a personal injury lawyer since 1995 I have had many personal injury claimants call and regret settling their ICBC injury claims without a lawyer. It is very difficult to re-open a case after a settlement agreement release has been signed by the claimant. If the injury claimant has sought the advice of a lawyer…

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ICBC and the New Duty of Honesty in Contractual Performance

After a car accident the injured expect ICBC to act honestly when administrating accident insurance benefits under the universal auto insurance coverage. However the law in Canada  has never imposed a duty on the Insurance Corporation of British Columbia to perform the terms of the contract of insurance honestly, until now. In the ground breaking…

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