In this car accident injury case, a 28-year-old dental assistant, injured her neck, left shoulder, and mid‑back developing myofascial pain syndrome and thoracic outlet syndrome, TOS. Of particular interest was the award of $135,000 for pain and suffering and the $60,000 in-trust award for the increase in household chores for the spouse husband.(MacLeod v. Whittemore, 2018 BCSC…
In this left turn car accident injury case the 23 year old claimant was awarded over $1.8 million in damages, including $185,000 for pain, suffering, loss of enjoyment of life and $1.28 million for future loss of earnings. The Supreme Court judge required only three weeks to deliver her written decision, creating new expectations that justice should…
Car accident victims were delivered a catastrophic blow affecting injury settlements for 2018 and the future. Laws passed by a newly formed coalition government empower ICBC to deny, and not settle, injury claims. This has unleashed a flurry of low ICBC settlement offers and dire warnings for the future of innocent victim compensation in British Columbia. Many…
In this personal injury case the claimant, a registered clinical counsellor, was injured when her car was rear-ended while stopped at a stop light at the intersection of Highway 99 and Nesters Road in Whistler, B.C. Fault was admitted and the claimant established injuries to her neck, upper and lower back, right wrist, right leg, and headaches. Her…
The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of any injury. She then developed severe symptoms in the following days. The claimant was found…
This husband and wife suffered brain injuries from carbon monoxide (“CO”) emissions when maintenance of their living room fireplace was negligently performed. The fireplace had been removed and later reinstalled and serviced by the defendant heating company (Edwards v. Parkinson’s Heating Ltd.,2018 BCSC 593). The wife was awarded $50,000 and the husband $200,000 for the pain, suffering and…
This injury claimant was awarded more than $1.2 million after suffering a traumatic brain injury. He was driving from Kelowna to Vernon when his truck was side-swiped, forced into oncoming traffic and collided with a city bus. The paramedics found the claimant conscious but confused and disoriented. He had an obvious bump on his head. He was not oriented…
A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…
In this car accident personal injury case the claim for past loss of earning capacity was dismissed as speculative. Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed the appeal. (Rousta v. MacKay,2018 BCCA 29). The ICBC claimant was driving on Taylor Way…
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…