Written by ERIK MAGRAKEN on . Posted in BC Civil Resolution Tribunal.
Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, setting aside a decision of the BC Civil Resolution Tribunal involving a dispute with ICBC addressing fault for a collision and ordering the matter be remitted for proper determination. In the process the BC Supreme Court had noted “the tribunal exercised its […]
Written by ERIK MAGRAKEN on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were published this week by the BC Court of Appeal overturning a trial result and finding that a 60/40 split of fault was appropriate following a collision involving a left hand turning vehicle at an uncontrolled collision. In the recent case (Randhawa v. Evans) the Respondent Evans was turning left at an […]
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Uber, a ride for hire app, is currently facing a legal showdown in Vancouver. For those unfamiliar with Uber, the company’s app connects passengers with drivers who, for a fee, take them to their destination. Uber takes a slice of the action. The Uber business model is proving profitable for the company but disruptive for […]
Written by admin on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were released today by the BC Court of Appeal addressing the practice of cyclists passing vehicles on the right finding, absent limited circumstances, that it is negligent to do so. In today’s case (Ormiston v. ICBC) the Plaintiff was involved in a 2009 cycling collision. As he proceeded down hill a vehicle […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
(Update July 8, 2014 – the below decision was overturned on Appeal with the BC Court of Appeal finding there was no evidence to prove negligence on the motorists part) Reasons for judgement were released last week by the BC Supreme Court, Victoria Registry, dealing with the issue of fault following a collision caused by […]
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I have previously detailed the potentially high financial consequences for civil breach of insurance. One way a motorist can be in breach relates to intoxication. If as a result of intoxication an individual is “incapable of proper control of the vehicle” then the motorist can be in breach of their insurance pursuant to Section 55(8)(a) of […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
When a driver proceeds into the on-coming lane of travel to overtake another vehicle care must be taken. This is particularly so near intersections. Reasons for judgement were released yesterday by the BC Supreme Court, Vancouver, Registry, addressing fault for a collision arising in such circumstances. In yesterday’s case (Johel v. ICBC) the Plaintiff stopped […]
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Reasons for judgement were released last week by the BC Court of Appeal discussing the purpose of (and ICBC’s obligations under) the “uninsured vehicle” provisions of BC’s Insurance (Vehicle) Act. Section 20 of the Insurance (Vehicle) Act provides a pool of $200,000 of available compensation from ICBC for damages caused by uninsured motorists. When a […]
Written by admin on . Posted in BCSC Civil Rule 9, ICBC Liability (fault) Cases.
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, dealing with an interesting issue – can a Court infer consent to operate when a commercial vehicle is involved in a ‘hit and run’ collision? In last week’s case (Perret v. John Doe) the Plaintiff was injured in a 2005 collision. […]
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As previously discussed, one of the conditions to successfully sue ICBC under section 24 of the Insurance (Vehicle) Act following a hit and run collision is to take “all reasonable efforts” to ascertain the identity of the at fault motorist. Failure to do so can be fatal to the claim. Reasons for judgement were released […]