There were two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000. The defendant offered to settle for $55,000.00. At trial the claimant was found 50% at fault for a car accident and…
In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle. The defendant’s therefore claimed the cost of the investigation…
This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30). The important issue in this BC Court of Appeal case was the availability of double costs…
In this personal injury case the Claimant made an offer to settle which was rejected by ICBC (the Insurance Corporation of British Columbia). He proceeding to trial and beat his offer by $920. However the Judge was not satisfied that the claimant’s formal offer was one that ICBC ought reasonably to have accepted (Saopaseuth v.…
In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of conversion disorder. The court awarded the claimant $2,735,818.16 for injuries received as a result of…
Once a claim for personal injury is settled there is often post settlement negotiations to award the reasonable case costs. This post settlement negotiation can have a dramatic impact on the money a claimant gets in their pocket after fees, expenses and taxes. In this personal injury case the defendants served the claimant with an…
When making an offer to settle a personal injury case with ICBC it is important serve the offer to settle on all parties of record. In BC Personal injury cases there are usually two main claims that need to be settled: tort and Part VII. The tort claim is the negligence claim against the at…
A new standard for settlement proposals and settlement agreements has been set by the BC Court of Appeal . In a dispute over whether a family law case was settled the court required the trial judge to analyze the evidence of the settlement agreement in light of all the material facts to determine the entire scope of…
My experience as a Vancouver Personal Injury Lawyer allows me to share a few unique insights into ICBC negotiated settlements. Settlement with the Insurance Corporation of British Columbia when you don’t have a lawyer is inherently unequal. ICBC is a sophisticated insurance company with the experience of settling thousands of personal injury cases. Claimants often…
The injury claimant was found to be totally at fault for a car accident at the intersection of King George Boulevard and 68th Avenue, in Surrey, B.C. His personal injury claim was therefore dismissed and today I review the decision of the Judge regarding the case costs awarded to the successful defendant (Henry v. Bennett, 2014 BCSC…