The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time of the car accident despite admitting negligence (Brennan v. Colindres,2017 BCCA 413). The negligent driver testified…
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…
The claimants’ 26 year old daughter was killed in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant. The boyfriend had been smoking marijuana, consuming a great deal of alcohol and driving with extreme recklessness. This claim was brought by the family under the Family Compensation…
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 alleged the bridge designers failed to properly design a manhole cover near the Pitt River Bridge resulting in his car accident injury. The claimant described the manhole as protruding some inches above the surface of the roadway. His claim was dismissed at a summary trial on the basis that he had failed to establish a breach…
In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213] I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…
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…
The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached her duty of care owed to the patient, when placing the claimant’s left foot on…
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…