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…
It is rare that the court will order any further medical examinations after the 84 expert deadline. It was the court’s view in Falbo v. Ryan, 2015 BCSC 2452 that a physical examination was not necessary in order to provide a responsive report. Master Harper said that, “These types of orders are discretionary. They ought…
This Christmas story involves four motor vehicle accidents all occurring within 2.5 years. In a previous accident the claimant also sustained a serious brain injury. To make it more jolly, between the third and fourth accidents in issue, he was involved in two additional accidents. (Lamb v. Fullerton, 2016 BCSC 1694) Claims were made for pain and suffering,…
This personal injury case arose from a car accident which occurred at the intersection of 140th Street and 74th Avenue in Surrey when the other vehicle turned left into the path of the claimant’s vehicle. She was 58 year old at the time of the accident and sought compensation for pain and suffering, past income loss, future income loss,…
ICBC arguments on the failure to attend recommended treatment, mitigation, are often narrow and focused, as displayed in the following $150,000 pain and suffering injury case. ICBC argued that prior substance abuse should result in a low award but the BC Supreme Court decided this ICBC case was worth over $720,000. The car accident was a head-on collision on…
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 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…
If an offer to settle a personal injury claim with ICBC is not in the proper form and not served on all the parties of record, the court can deny costs even if the offer is beat- Granja v. Jozsef, 2017 BCSC 1087. The injury claimant offered to settle his case for $70,000 before trial. ICBC refused…
Living in Surrey has its advantages although after a car accident personal injury lawyers must file suit in another city such as Vancouver. Surrey has an ICBC claim centre, convenient after a car accident, but does not currently have a Supreme Court Registry. The Vancouver Court building houses the Supreme Court and Court of Appeal Registries. Here is…