Uncategorized – Page 16

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:

ICBC Ordered To Pay “Accelerated Depreciation” Damages Following Vehicle Collision

Written by ERIK MAGRAKEN on May 6, 2019. Posted in Uncategorized.

As I’ve previously written, when a vehicle is involved in a crash and is then repaired it is generally worth less than it would be had it not been damaged. The reason for this is quite simple. When a buyer is looking to purchase a used vehicle, those that have previously been damaged and repaired carry a stigma. This stigma generally results in a lower resale value.

Civil Resolution Tribunal Misleading the Public About ICBC Claims?

Written by ERIK MAGRAKEN on April 25, 2019. Posted in Uncategorized.

From April 1, 2019 onward BC crash victims have had their rights drastically reduced. One of the key rights stripped from British Columbians is the ability to go to Court.

Court Challenge Launched Against BC Injury Claims Expert Witness Cap

Written by admin on April 18, 2019. Posted in Uncategorized.

Earlier this year the BC Government introduced changes to the BC Supreme Court Civil Rules capping the number of expert witnesses parties in motor vehicle and other injury claims can rely on. The rule change was brought unilaterally without consultation of the Rules Committee.

We Are Hiring! Litigation Position at MacIsaac & Company!

Written by admin on April 9, 2019. Posted in Uncategorized.

Due to our rapidly growing personal injury practice MacIsaac & Company’s head office in Victoria, BC has an opening for an additional litigator.
We are looking for a lawyer with at least 5 years experience prosecuting injury claims.

ICBC Criticized For Not Practicing What It Preaches

Written by admin on April 9, 2019. Posted in Uncategorized.

In recent months both ICBC and the Provincial Government have been vocal in criticizing the use of medico-legal reports in injury litigation resulting in rule changes restricting the rights of litigants in relying on such evidence. In reality ICBC has no reservations seeking out numerous expert reports when it suits their interests in litigation. This inconsistency resulted in critical comments today from the BC Supreme Court.