Particulars of Special Damages Required in Civil Case

The lawsuit after a car accident injury usually includes a very general claim for losses such as “injury, loss and damage”. However, the insurance company lawyer can demand more details, what is referred to as “particulars” of your injuries and losses claimed. In today’s article we address whether it is necessary to give ICBC a list…

Read more

ICBC Internal Settlement Documents May have to be Disclosed

Although inconsistent with a recent case refusing disclosure of the ICBC settlement brief,  this case may open the way for claimants to obtain ICBC internal settlement documents for prior car accident claims( Easton v. Chen, 2015 BCSC 2288). However the current state of the law needs to be affirmed by the Supreme Court or Court of Appeal. In this…

Read more

Admitting ICBC Records Miscarriage of Justice in Personal Injury Case

The Court of Appeal ordered a new trial for this 15 year old car accident personal injury claim involving soft tissue injury, mild traumatic brain injury and unaccepted ICBC offers of $50,000, $110,00 and $120,000 (Han v. Park, 2015 BCCA 324). A documents binder allowed to be given to the jury included: a police accident report; the…

Read more

Important Practice Point: Examination for Discovery at the Lawyer’s Office

Personal injury lawyers in Vancouver are in often required to travel to remote areas of British Columbia to examine witnesses.  This Supreme Court case however may help change all that. In Schroeder v. Sweeney, 2014 BCSC 1843 the defendant was trying to force the Claimant to attend Examination for Discovery at an Okanagan court reporters office.…

Read more