This 46-year-old self employed bookkeeper and housekeeper sustained personal injuries in a rear end motor vehicle accident at the intersection of Lovers’ Lane and Cameron Taggart Road in Cobble Hill, British Columbia. After the claimant had stopped at the intersection, her car was struck from behind by a minivan. The defendants admitted liability. As a result of the…
This 47 year old plumber and business owner suffered injuries in a car accident on Highway 97 just south of Quesnel, B.C. The other driver’s GMC pick-up truck crossed over the highway’s center line and collided with a trailer being towed by the claimant and traveling in the opposite direction. The next morning he called ICBC and…
In this multiple car accident personal injury case the claimant was rear-ended twice and developed a chronic soft tissue pain condition. He sought an award of over $1 million and ICBC, the defendant insurer, was only prepared to pay $143,000. The insurer argued unsuccessfully that the claimant should be forced to attend active rehabilitation and his claim…
In this left turn car accident injury case the 23 year old claimant was awarded over $1.8 million in damages, including $185,000 for pain, suffering, loss of enjoyment of life and $1.28 million for future loss of earnings. The Supreme Court judge required only three weeks to deliver her written decision, creating new expectations that justice should…
In this personal injury case the claimant, a registered clinical counsellor, was injured when her car was rear-ended while stopped at a stop light at the intersection of Highway 99 and Nesters Road in Whistler, B.C. Fault was admitted and the claimant established injuries to her neck, upper and lower back, right wrist, right leg, and headaches. Her…
When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering a chronic pain condition at the beginning of her career.(Harry v. Powar,2018 BCSC 845) The…
ICBC is in trouble again with allegations of bad behaviour by an insured. This plaintiff had Autoplan insurance coverage from ICBC for a 1990 Ferrari F40 when he accidentally drove the Vehicle into a utility pole, leaving it badly damaged. The plaintiff said that ICBC took control of the vehicle immediately after the accident and never relinquished…
A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…
In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”. He…
The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…