Written by ERIK MAGRAKEN on . Posted in ICBC Chronic Pain Cases.
Reasons for judgment were published today by the BC Supreme Court, Nanaimo Registry, assessing damages for central neuropathic pain caused by a vehicle collision.
In today’s case (Laliberte v. Jarma) the Plaintiff was involved in a 2015 vehicle collision. She was a passenger in a vehicle driven by the Defendant that lost control “went through a fence and over a bump and landed in a field”. Liability was admitted.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for collision related injuries and rejecting defence expert medical evidence.
In today’s case (Mladjo v. Etheridge) the Plaintiff was involved in a 2016 collision. Fault was admitted by the Defendant. The crash cause chronic soft tissue injuries and damages were assessed on this basis.
Written by ERIK MAGRAKEN on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases.
Reasons for judgement were published today by the BC Supreme Court, Nanaimo Registry, assessing damages for long lasting soft tissue injuries.
In today’s case (Poulin v. Armstrong) the Plaintiff was involved in a 2013 collision. She was a passenger at the time and was 14 years of age. The Defendant admitted fault. The crash caused soft tissue injuries to her neck and upper back which became chronic and were expected to linger indefinitely.
In assessing non-pecuniary damages at $65,000
Written by ERIK MAGRAKEN on . Posted in ICBC Psychological Injury Cases, Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a Plaintiff’s injuries and rejecting expert evidence retained by ICBC.
In today’s case (Wong v. Draaistra) the Plaintiff was injured in two separate collisions. Fault was admitted by the Defendants for the crashes. In addition to physical injuries the Plaintiff developed “psychiatric or emotional problems that have likely increased and prolonged her physical pain, and have caused her life to shrink to near-isolation in an unmaintained home behind almost permanently closed blinds“.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Court of Appeal upholding a trial dismissal of a negligence claim involving a mooring rope which ‘catapulted’ into a Plaintiff causing injury.
In today’s case (Oddy v. Waterway Partnership Equities Inc.) the Plaintiff was injured when “a stake embedded in a beach, and attached by the mooring rope to the houseboat, broke free and was catapulted back towards the houseboat“. The stake struck the Plaintiff causing significant injuries.
The Plaintiff argued
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Last year the BC Court of Appeal clarified the law surrounding claims for diminished housekeeping capacity. In short the court noted care must be taken to determine if a loss is for pecuniary vs non-pecuniary diminished housekeeping capacity. This distinction is perhaps more important than ever given the recent legal changes capping the non-pecuniary rights of British Columbians.
To this end helpful reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, assessing damages for pecuniary diminished capacity.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, ordering production of a statement from a Defendant to ICBC to be disclosed to the Plaintiff in a personal injury lawsuit.
In today’s case (Canning v. Mann) the Plaintiff was injured in a crash and sued for damages. The Defendant provided ICBC a statement detailing the circumstances of the crash. The Defendant refused to provide the statement to the Plaintiff in the lawsuit arguing it was privileged. The court ordered production noting there was insufficient evidence to establish litigation privilege. In ordering the statement to be disclosed Mr. Justice Basran provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Court of Appeal expanding the scope of a class action lawsuit against ICBC to allow claims for punitive damages to be included in the claim.
In the recent case (Ari v. ICBC) ICBC was sued after an employee of theirs passed personal records ICBC kept to “an acquaintance involved in the drug trade” after which a series of attacks were carried out against some of the individuals who had their private information compromised. The court noted the following background
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
As readers of this blog know the BC Government recently overhauled the Rules of Court to limit the number of expert witnesses that can be used in personal injury prosecutions. This rule is subject to a constitutional challenge and its future is uncertain. The rule was implemented with the goal of simply saving ICBC money.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for personal injuries which included the successful recovery of money spent for CBD oil and medical marijuana to treat chronic pain.
In today’s case (Culver v. Skrypnyk) the Plaintiff was injured in two collisions. These resulted in partly disabling chronic back and leg pain. The treatments attempted over the years included the use of CBD oil and medical marijuana. The Court awarded recovery for the costs of these medications noting they were reasonably incurred special damages. In reaching this conclusion Mr. Justice Davies provided the following reasons: