Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue. The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling to provide the medical opinion required to pursue the claim. The CMPA will often make…
In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…
ICBC is in trouble again with the Supreme Court, found to be abusing the court process. ICBC defended a clearly at fault driver that rear ended a snowplow causing significant personal injury to his passenger. In one lawsuit ICBC admitted his fault, settling the case, in the other they denied liability forcing the case to a jury trial.…
Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases. The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…
Compensation for psychological and psychiatric injury is recoverable in British Columbia for victims of personal injury. The Supreme Court has dealt with psychological and psychiatric factors that overwhelm the physical injuries in numerous personal injury cases. In Agar v. Leonard,2016 BCSC 1430 the court has awarded over $900,000 to the claimant, $110,000 for psychological pain and suffering. The…
An annoyingly slow overtaking vehicle cannot be blamed for the bad driving of others. The Court of Appeal has ruled that the overtaking another vehicle as quickly as reasonably possible standard is now inappropriate in British Columbia ( Borgfjord v. Boizard, 2016 BCCA 317). The slow defendant, driving 25-30 kph under the speed limit, was in the far left lane…
Injuries caused by fire can often be prevented by the use of fire alarms, commonsense. However, the Court of Appeal does not accept this as commonsense, and dismissed this renter’s injury appeal on the basis that there was no evidence that the use of a fire alarm would have reduced or eliminated the harm. In this injury…
Age is a factor for compensation for older and retired adults after a motor vehicle injury and is considered in today’s personal injury case: Bardua v. Han, 2016 BCSC 861. As it relates to compensation for pain and suffering for retired individuals Judge Griffin famously stated: [88] The retirement years are special years for they are at a time…
Personal Injury lawyers should know that the Court of Appeal has allowed the Information and Privacy Commissioner of British Columbia to challenge an order that allows the tobacco company Philip Morris International Inc. access to a number of government databases containing personal healthcare information. The central issue on appeal will be whether the chambers judge erred in not…
Mild Traumatic Brain Injury (MTBI) is often hotly contested by ICBC and other insurance companies after a car accident. In this case the judge accepted the diagnosis. She had the benefit of hearing from two neurologists who had conflicting opinions on whether or not the claimant suffered a MTBI. The defence neurology expert, Dr. Rehan Dost, was…