In this car accident injury case the claimant was a passenger when her vehicle was side swiped. she did not hit her head, and did not lose consciousness. The vehicle damage was minor. Eight months following the claimant had resumed full-time duties as a dental receptionist. She was also able to do the housework, food…
This was a personal injury trial involving claims of brain injury, whiplash and spinal fracture. The bicycle accident occurred on Broadway Street in Vancouver, approaching the intersection of Broadway and Guelph Street. The cyclist was proceeded forward when a vehicle turned left hitting his bicycle.( Davis v. Jeyaratnam, 2022 BCCA 273) The Witness Statement The…
In a recent blog post, we discussed the impact an injured claimant’s lack of credibility had in the dismissal of his ICBC hit and run claim at trial. Jacqueline Small, a partner with Holness and Small Law Group, was interviewed by Canadian Magazine on this ICBC credibility case. Credibility is always a paramount consideration in all…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed again by Canadian Lawyer Magazine about an ICBC hit and run case which was dismissed at trial. Ms. Small wrote a blog article on this ICBC hit and run case where the injured claimant’s credibility was a key factor in…
At issue in every ICBC claim is the nature and the extent of the injured claimant’s injuries caused by the motor vehicle accident and the effect they have had and will have on his/her function. The injured claimant has the burden of proving not only the injuries, but also whether the motor vehicle accident was…
The assessment of an injured claimant’s credibility and the reliability of his/her evidence is pivotal in any personal injury claim. An injured claimant who accurately describes his/her symptoms and circumstances before and after an accident without minimizing or embellishing them can reasonably anticipate that the court will find his/her evidence to be credible and reliable.…
This appeal by ICBC from a $1 million personal injury award reiterates the old adage that a judge is entitled to accept all, some or none of a witness’ evidence. A judge is not obliged to identify and discuss every piece of evidence related to factual deliberations in reasons for judgment; nor are they required to…
The claimant boarded a city bus in Vancouver that accelerated suddenly causing her to lose her balance and fall. She sued, without a personal injury lawyer, and the trial judge dismissed her claim. The bus company cross examined the claimant using surveillance video in a subsequent bus incident to impeach her credibility claiming it was a…
In this personal injury case the claimant was jogging when he came up behind three young girls riding their bicycles. Two were on the sidewalk and one was riding on the street adjacent to the curb. The jogger intended to pass the girls on their right. As he was passing them, one ten year old moved her…
In this important Court of Appeal decision the court has upheld an award of $85,000 for pain and suffering arising out of a somatic symptom disorder, despite credibility and reliability issues. Also, and more importantly to the personal injury lawyers out there, the Court has dismissed the “higher burden of proof” rhetoric that has been read into…