Author: ERIK MAGRAKEN

BC Court of Appeal – No Negligence in Case of “Catapulting” Mooring Rope

Written by ERIK MAGRAKEN on June 6, 2019. 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

Pecuniary Diminished Housekeeping Capacity Claim Succeeds at Trial

Written by ERIK MAGRAKEN on June 3, 2019. 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.

Defendant Statement to ICBC Regarding Crash Details Ordered to be Produced

Written by ERIK MAGRAKEN on May 29, 2019. 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:

ICBC Privacy Breach Class Action Allowed To Include Claim for Punitive Damages

Written by ERIK MAGRAKEN on May 28, 2019. 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

“Ironic” ICBC Expert Witness Position Criticized by BC Supreme Court

Written by ERIK MAGRAKEN on May 23, 2019. 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.

CBD Oil and Medical Marijuana Costs Recovered in Personal Injury Claim

Written by ERIK MAGRAKEN on May 23, 2019. 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:

$200,000 Non-Pecuniary Assessment for Post Concussion Syndrome With Poor Prognosis

Written by ERIK MAGRAKEN on May 23, 2019. Posted in Uncategorized.

Reasons for judgement were published today by the BC Supreme Court, Campbell River Registry, assessing damages for chronic consequences from a head injury.

In today’s case (Mickelson v. Sodomsky) the 50 year old plaintiff was involved in a 2015 T-bone collision. The Defendant admitted liability. The crash resulted in a mild traumatic brain injury and the plaintiff developed post concussion syndrome with a poor prognosis for further recovery. The consequences of the injury were largely disabling. In assessing non-pecuniary damages at $200,000 Mr. Justice Thompson provided the following reasons:

$140,000 Non-Pecuniary Assessment for “Severe” Ankle Fracture

Written by ERIK MAGRAKEN on May 23, 2019. Posted in ICBC Ankle Injury Cases.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a severe ankle injury.

In today’s case (Chau v. Pereira) the Plaintiff was struck by a vehicle while walking in a marked crosswalk. The Defendant denied liability but was found fully responsible at trial. The crash resulted in a severe ankle injury with post traumatic arthritis that was expected to deteriorate to the likely stage of needing fusion or joint replacement. In assessing non-pecuniary damages at $140,000 Mr. Justice Baird provided the following reasons:

$200,000 Non-Pecuniary Assessment For Disabling Chronic Depression and PTSD

Written by ERIK MAGRAKEN on May 23, 2019. Posted in ICBC Psychological Injury Cases, ICBC PTSD Cases.

Reasons for judgement were published this week by the BC Supreme Court, New Westminster Registry, assessing damages for chronic and disabling psychiatric injuries.

In the recent case (Gill v. Aperdoorn) the Plaintiff was injured in a 2015 collision. The Defendant admitted liability. The crash resulted in severe depression and PTSD. The injuries were disabling and the prognosis for further improvement was not optimistic. In assessing non-pecuniary damages at $200,000 Madam Justice Gropper provided the following reasons:

Slip and Fall Claim Succeeds After Plaintiff Injured on Wet Boardwalk

Written by ERIK MAGRAKEN on May 15, 2019. Posted in ICBC Knee Injury Cases, Occupier's liability claims.

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, addressing fault and damages for a fall a Plaintiff sustained while walking on a wet boardwalk.

In today’s case (Owens v. Steveston Waterfront Properties Inc.) the Plaintiff fell and broke her right kneecap in an incident described as follows: