The Court of Appeal has rejected the argument that the late admission of ICBC’s experts reports created a prejudice to the claimant. The claimant was injured in a car accident and sought damages in excess of $3 million. The trial judge awarded damages of less than $850,000. Among other things, the judge found that: (a) the…
For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but…
Medical Experts in personal injury cases are supposed to be impartial, independent and absent of bias. Dr. O.M. Sovio was qualified as an expert in orthopedic surgery in this personal injury case but his opinion was rejected by the Court. Dr. Sovio agreed that in the years since 2009 work for the Insurance Corporation of British…
In this personal injury case study the issue of greatest disagreement was the appropriate award for future loss of earnings or loss of income-earning capacity. The ICBC claimant, 42 years old at trial, was involved in a motor vehicle accident in the city of Maple Ridge, British Columbia. The claimant was driving about 10 km an…
This injury claimant’s failure to follow medical advice resulted in a 10% reduction in the award for pain and suffering. The claimant was stopped at a red light at East 49th Avenue and Knight Street in Vancouver when his vehicle was rear-ended. The court found that he suffered soft tissue injuries to his neck, back and right shoulder. In reducing…
In this personal injury case ICBC argued cruelly and unsuccessfully that a claimant with a meagre income should not be protected from the cost consequences of refusing a reasonable offer to settle. The injured claimant was on CPP disability pension and had not worked for many years at a full‑time job. His disability pension ended when…
This injury claimant made an offer to settle in the amount of $195,000 about 2 weeks before trial and ICBC responded with an unrealistic and meager $70,000 offer. It only took the jury 6 hours to award $294,500 as damages for the injuries she sustained in a motor vehicle accident. This jury verdict was an incredible 4x…
This car accident claimant with born with spina bifida, scoliosis and kyphosis. When she was three she had her fibula taken from her left leg and fused into her spine. All her life, she has suffered pain, primarily from the kyphosis. However, she has always managed that pain (Cantwell v. Warren, 2017 BCSC 856). The car accident…
A sprinkling of true judicial magic was used to arrive at a fair award in this multiple injury case. This was a complicated personal injury case arising from three car accidents wherein the injury claimant settled the second of the three claims with the Minister of Justice but could not reach settlement with Insurance Corporation of…
This is a personal injury case arising out a car accident which occurred on Howes Street in New Westminster. As the claimant entered an intersection on a green light another vehicle suddenly turned in front of her causing a collision. Loss of the ability to do work within the home is compensable as a loss of…