In today’s case the claimant is found 50% at fault for making a left hand turn, on a late yellow, causing the car accident which is the subject of this personal injury case. The assessment of damages was bifurcated from liability so this decision only addresses fault for the car accident. (Elima v. Dhaliwal,2017 BCSC…
A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and law) by the defendant’s breach. In this tragic case a dirt bike and All-Terrain Vehicle (ATV) collided…
This injury claimant sustained serious injuries, including a broken leg, while snowboarding at Big White Ski Resort. The claimant said that he was injured when a known route from “Highway 33,” a ski run on Big White, to the Solana Ridge condominium complex led him over a sheer ten-foot drop down into a parking lot. As…
There is no presumption of negligence in law simply because a vehicle hauling a trailer drives off the road. In a unanimous reversal this son’s negligence claim against his father has been sent back for a new trial.( click here to read Haynes v. Haynes, 2017 BCCA 131 ) A father and son were hauling a trailer loaded…
Car accidents involving one vehicle turning left into the path of another not only cause significant personal injury these collisions raise serious issues of fault and legal liability. The sole issue in this personal injury case was the determination of fault for a motor vehicle accident which occurred at the intersection of Highway 10 and 192nd Street in…
Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary. The following personal injury case tried unsuccessfully to prove otherwise ( click here to review full case of Wright v. Mistry,2017 BCSC 239).…
This first personal injury case of 2017 is a classic example how various witnesses to a car accident will remember the circumstances differently. This is also an unusual ICBC rear end crash in which the person hitting the other from behind is found 75% at fault. As Supreme Court Judge Griffin pointed out: Even honest witnesses will…
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.…
Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324). The trial judge dismissed this personal injury case as statute barred, finding that the letter from the adjuster did not acknowledge…
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…