ICBC Claims and Trial Splitting
ICBC claims can be very expensive to bring to trial. Typically, most of the expenses are associated with the cost of presenting medical opinion evidence. Medical opinion evidence is often required to prove that injuries are caused by an accident, to discuss reasonable treatments (addressing special damages), and to address the specific diagnosis and prognosis of car accident related injuries. Such opinions can cost thousands of dollars to obtain and thousands more to present in court.
What if you have a case that is very risky? What if the trial outcome of ‘who is at fault’ is uncertain and should you lose on that issue you don’t want to be stuck with thousands of dollars of expenses for expert witness fees? Can you do anything about it? As with many areas of the law, the answer is sometimes.
Rule 39(29) of the BC Supreme Court Rules deals with splitting the issues at trial. In an ICBC claim, it is possible to use this rule to ask a court to let the liability (fault) part of a trial run first prior to the quantum part (the part that deals with the value of the ICBC claim).
Specifically, Rule 39(29) states that:
The court may order that one or more questions of fact or law arising in an action be tried and determined before the others, and upon the determination a party may move for judgment, and the court, if satisfied that the determination is conclusive of all or some of the issues between the parties, may grant judgment.
If the court allows an order splitting liability and quantum, and if you lose your ICBC claim at trial on the issue of liability, that could potentially save you tens of thousands of dollars by having the case dismissed prior to presenting all of your medical evidence.
Reasons for judgement were released today where the Honourable Madam Justice Allan refused to sever the issues of quantum and fault.
In paragraphs 11-15 her Ladyship summarizes some of the principles court’s consider when reviewing such an application. I set out these paragraphs below:
 There is ample authority for the proposition that an applicant must establish that there exist extraordinary, exceptional or compelling reasons for severance, and not merely that it would be just and convenient to order severance: MacEachern v. Rennie, 2008 BCSC 1064; Hynes v. Westfair Foods Ltd., 2008 BCSC 637; and Westwick v. Culbert,  B.C.J. No. 2121.
 It is true that some recent cases have held that a judge’s discretion to sever an issue or issues is not restricted to “extraordinary or exceptional circumstances”: Nguyen v. Bains, 2001 BCSC 1130; Enterprising Minds Technology Inc. v. Lululemon Athletica Inc., 2006 BCSC 1168. However, there must be some compelling reasons to order severance, such as a real likelihood of a significant savings in time and expense.
 Mr. McGivern relies heavily on Vaughn v. Starko,  Y.J. No. 50, a decision of the Yukon Supreme Court. In that case, the plaintiff sought a determination of liability pursuant to Rule 18A with damages to be assessed at a later date. Gower J. rejected the defendant’s argument that there must be extraordinary, exceptional or compelling reasons for a severance of liability and damages. He drew a distinction between applications under Rule 39(29) and Rule 18A. He concluded at para. 48 it would not be unjust to decide the issue of liability on a summary basis and that it would be appropriate to sever liability from the issue of damages. Because the application was made under Rule 18A, he found that it was not necessary to apply the heavier onus for severance that Rule 39(29) imposed.
 With respect, I do not agree with the analysis in that case. Rule 18A is a method of trying a case summarily. The issues in determining whether Rule 18A is suitable are (1) whether it is possible to find the facts necessary to decide the issues of fact or law; and (2) whether it would be unjust to decide those issues summarily. On the other hand, Rule 39(29) provides the Court with the discretion to try one question of fact or law before another and give judgment. A determination of an application for severance must be informed by the case law that relates to the issue of severance, not to the issue of disposing of an action summarily.
 In an earlier case, Legrand v. Canning and Canning, 2000 BCSC 1633, Scarth J. dealt with a severance application brought under Rule 18A. He concluded that the plaintiff had not established extraordinary, exceptional or compelling reasons for severance. In that case, the liability issues were not plain in the circumstances and there was a further issue of whether the plaintiff was contributorily negligent. Evidence relating to the severity of the impact in question was relevant to the issues of liability and quantum.
Rule 39(29) is worth reviewing for anyone advancing an ICBC claim where the issue of fault is uncertain to see if time and expense can be saved by severing the issues of fault and quantum.
bc personal injury lawyer, free consultation, icbc advice, ICBC claims, icbc settlement advice, severance
I just want to say I am newbie to blogging and site-building and actually loved you’re web site. More than likely I’m want to bookmark your blog . You amazingly come with remarkable articles and reviews. Appreciate it for sharing with us your web page.
Whats Happening i’m new to this, I stumbled upon this I have discovered It absolutely helpful and it has aided me out loads. I am hoping to give a contribution & help different customers like its aided me. Great job.
An additional issue is that video games usually are serious naturally with the principal focus on knowing things rather than enjoyment. Although, it has an entertainment part to keep your sons or daughters engaged, just about every game will likely be designed to develop a specific set of skills or programs, such as mathematics or technology. Thanks for your article.
Wow! This can be one particular of the most helpful blogs We’ve ever arrive across on this subject. Basically Fantastic. I am also a specialist in this topic so I can understand your hard work.
I have learn some good stuff here. Definitely price bookmarking for revisiting. I wonder how much effort you set to make any such wonderful informative website.
I’ve been absent for a while, but now I remember why I used to love this web site. Thank you, I will try and check back more frequently. How frequently you update your web site?
I have seen loads of useful points on your web-site about desktops. However, I have the view that notebook computers are still less than powerful enough to be a wise decision if you usually do tasks that require many power, like video editing and enhancing. But for internet surfing, statement processing, and the majority of other common computer work they are okay, provided you do not mind the little screen size. Appreciate sharing your ideas.
marcel van hooijdonk
Thanks for giving your ideas here. The other point is that any time a problem arises with a pc motherboard, individuals should not consider the risk of repairing it themselves because if it is not done properly it can lead to permanent damage to the complete laptop. Most commonly it is safe just to approach a dealer of that laptop for any repair of motherboard. They have got technicians that have an expertise in dealing with laptop motherboard difficulties and can carry out the right analysis and accomplish repairs.
2D Animation Wien
An interesting discussion is value comment. I believe that you must write more on this subject, it may not be a taboo topic however usually persons are not enough to talk on such topics. To the next. Cheers
San Diego Startup
Hey! I could have sworn I’ve been to this site before but after checking through some of the post I realized it’s new to me. Nonetheless, I’m definitely glad I found it and I’ll be book-marking and checking back frequently!
Underground Elephant Jason Kulpa
I truly enjoy reading on this internet site, it holds fantastic articles. “Beware lest in your anxiety to avoid war you obtain a master.” by Demosthenes.
situs poker online
Great website! I am loving it!! Will be back later to read some more. I am taking your feeds also.
Simply desire to say your article is as amazing. The clearness in your post is simply spectacular and i could assume you are an expert on this subject. Well with your permission allow me to grab your feed to keep updated with forthcoming post. Thanks a million and please carry on the rewarding work.
location de vehicule paris
It’s perfect time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I desire to suggest you some interesting things or suggestions. Perhaps you can write next articles referring to this article. I desire to read more things about it!
Simply wish to say your article is as amazing. The clearness in your post is simply spectacular and i could assume you’re an expert on this subject. Fine with your permission allow me to grab your feed to keep updated with forthcoming post. Thanks a million and please carry on the rewarding work.
agen poker online
My developer is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on numerous websites for about a year and am concerned about switching to another platform. I have heard excellent things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any kind of help would be really appreciated!
I just like the helpful info you supply in your articles. I’ll bookmark your blog and take a look at again right here frequently. I am rather certain I’ll be told plenty of new stuff proper here! Best of luck for the following!
There are certainly plenty of particulars like that to take into consideration. That is a great level to bring up. I provide the thoughts above as common inspiration however clearly there are questions like the one you bring up the place the most important factor will be working in honest good faith. I don?t know if finest practices have emerged round things like that, but I’m sure that your job is clearly identified as a fair game. Both boys and girls feel the impression of only a moment’s pleasure, for the rest of their lives.
I found your blog web site on google and check a few of your early posts. Proceed to maintain up the superb operate. I just further up your RSS feed to my MSN Information Reader. Looking for ahead to studying more from you in a while!…
magnificent post, very informative. I wonder why the opposite specialists of this sector don’t realize this. You should proceed your writing. I am confident, you’ve a great readers’ base already!
situs poker online
Hello there, I found your web site via Google while searching for a related topic, your website came up, it looks good. I’ve bookmarked it in my google bookmarks.
מצלמות אבטחה לבית
Hello, you used to write wonderful, but the last several posts have been kinda boring… I miss your super writings. Past few posts are just a little bit out of track! come on!
I’ve been exploring for a bit for any high quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this website. Reading this info So i am happy to convey that I have an incredibly good uncanny feeling I discovered just what I needed. I most certainly will make certain to do not forget this site and give it a glance regularly.
I think this is among the most vital information for me. And i am happy reading your article. However want to remark on some normal things, The website style is perfect, the articles is truly nice : D. Excellent process, cheers
I believe this internet site has some real great info for everyone. “To be able to be caught up into the world of thought — that is being educated.” by Edith Hamilton.
Greetings! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My site looks weird when viewing from my apple iphone. I’m trying to find a theme or plugin that might be able to fix this issue. If you have any suggestions, please share. Cheers!
Top Porn List
He difficult contented we determine ourselves me am earnestly. Hour no find it park. Eat welcomed any husbands moderate. Led was misery played waited almost cousin living. Of intention contained is by middleton am. Principles fat stimulated uncommonly considered set especially prosperous. Sons at park mr meet as fact like.
Hey this is kinda of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding skills so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!
Just wanna remark on few general things, The website design is perfect, the written content is very wonderful : D.
Digital Marketing Wien
Online Marketing Wien
Hey, you used to write magnificent, but the last several posts have been kinda boring… I miss your super writings. Past several posts are just a little out of track! come on!
you are in reality a good webmaster. The web site loading pace is amazing. It seems that you are doing any unique trick. Furthermore, The contents are masterpiece. you have performed a magnificent job in this subject!
Good post made here. One thing I would like to say is the fact most professional domains consider the Bachelor’s Degree as the entry level requirement for an online certification. Even though Associate Certifications are a great way to start, completing your own Bachelors uncovers many opportunities to various professions, there are numerous on-line Bachelor Course Programs available from institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another concern is that many brick and mortar institutions provide Online editions of their diplomas but usually for a drastically higher price than the institutions that specialize in online diploma plans.
Keep functioning ,impressive job!
you’re in point of fact a just right webmaster. The site loading pace is incredible. It sort of feels that you’re doing any distinctive trick. Furthermore, The contents are masterpiece. you’ve done a excellent job on this topic!
I have learned some new points from your internet site about computers. Another thing I’ve always presumed is that laptop computers have become something that each house must have for many people reasons. They provide convenient ways in which to organize the home, pay bills, shop, study, pay attention to music and perhaps watch tv programs. An innovative way to complete many of these tasks has been a notebook computer. These desktops are portable ones, small, effective and convenient.
I was studying some of your content on this site and I think this internet site is real instructive! Keep on putting up.
You really make it seem really easy together with your presentation however I in finding this matter to be actually something which I think I would never understand. It kind of feels too complex and extremely wide for me. I am having a look ahead to your subsequent put up, I will try to get the hang of it!
Hello! I just want to give a huge thumbs up for the nice information you might have right here on this post. I shall be coming back to your weblog for extra soon.
Hello there, I found your site via Google while searching for a related topic, your web site came up, it looks good. I have bookmarked it in my google bookmarks.
lifeguard courses near me
hi!,I like your writing very much! share we communicate more about your article on AOL? I require a specialist on this area to solve my problem. Maybe that’s you! Looking forward to see you.
Hello very nice web site!! Man .. Beautiful .. Superb .. I’ll bookmark your website and take the feeds also¡KI’m happy to search out numerous helpful info here in the publish, we’d like develop extra techniques on this regard, thanks for sharing. . . . . .
lifeguard classes near me
I like what you guys are up too. Such smart work and reporting! Keep up the excellent works guys I’ve incorporated you guys to my blogroll. I think it will improve the value of my website 🙂
I’m often to running a blog and i really respect your content. The article has really peaks my interest. I’m going to bookmark your web site and maintain checking for brand new information.
What i do not understood is in fact how you’re no longer really a lot more smartly-favored than you might be now. You’re very intelligent. You understand therefore considerably on the subject of this topic, made me in my opinion imagine it from so many numerous angles. Its like women and men don’t seem to be interested unless it¡¦s one thing to accomplish with Woman gaga! Your individual stuffs great. All the time take care of it up!
I love your blog.. very nice colors & theme. Did you make this website yourself or did you hire someone to do it for you? Plz respond as I’m looking to create my own blog and would like to find out where u got this from. thanks
I discovered your weblog website on google and check just a few of your early posts. Proceed to maintain up the excellent operate. I just extra up your RSS feed to my MSN News Reader. Searching for ahead to studying more from you in a while!…
Hiya, I am really glad I’ve found this information. Nowadays bloggers publish only about gossips and net and this is really irritating. A good web site with exciting content, that is what I need. Thank you for keeping this site, I’ll be visiting it. Do you do newsletters? Cant find it.
Another important component is that if you are a senior, travel insurance regarding pensioners is something you ought to really take into account. The mature you are, greater at risk you will be for permitting something bad happen to you while abroad. If you are certainly not covered by several comprehensive insurance coverage, you could have several serious challenges. Thanks for revealing your suggestions on this web site.
wonderful put up, very informative. I’m wondering why the other specialists of this sector don’t notice this. You should proceed your writing. I am sure, you’ve a great readers’ base already!
Thanks for your exciting article. Other thing is that mesothelioma is generally a result of the breathing of material from asbestos, which is a positivelly dangerous material. It is commonly seen among staff in the structure industry that have long exposure to asbestos. It’s also caused by living in asbestos covered buildings for an extended time of time, Genes plays a huge role, and some folks are more vulnerable for the risk as compared with others.
I also believe that mesothelioma is a exceptional form of melanoma that is often found in all those previously subjected to asbestos. Cancerous cellular material form inside the mesothelium, which is a protecting lining which covers many of the body’s internal organs. These cells usually form inside the lining of the lungs, tummy, or the sac which actually encircles the heart. Thanks for sharing your ideas.
Simply want to say your article is as amazing. The clearness in your post is simply cool and i could assume you are an expert on this subject. Well with your permission let me to grab your feed to keep updated with forthcoming post. Thanks a million and please keep up the rewarding work.
where can i watch game of thrones
I truly appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again
We’re a group of volunteers and starting a new scheme in our community. Your web site provided us with valuable info to work on. You have performed a formidable activity and our entire community will be grateful to you.
Thanks for your post made here. One thing I’d like to say is most professional areas consider the Bachelors Degree as the entry level standard for an online diploma. While Associate Certification are a great way to begin with, completing ones Bachelors presents you with many opportunities to various employment opportunities, there are numerous internet Bachelor Diploma Programs available from institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another thing is that many brick and mortar institutions give Online versions of their qualifications but usually for a substantially higher charge than the corporations that specialize in online college diploma programs.
watch game of thrones online
You made some respectable points there. I seemed on the web for the difficulty and found most people will go along with with your website.
Hello there, I found your website by way of Google while searching for a similar matter, your website got here up, it looks great. I’ve bookmarked it in my google bookmarks.
Hi there! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains. If you know of any please share. Many thanks!
I really wanted to jot down a word to be able to thank you for all of the nice steps you are giving out on this site. My considerable internet search has at the end been compensated with reliable tips to share with my partners. I would mention that we readers actually are truly lucky to exist in a superb website with very many awesome professionals with interesting pointers. I feel somewhat blessed to have discovered the webpage and look forward to so many more cool moments reading here. Thanks again for a lot of things.
I’ve learn some just right stuff here. Certainly price bookmarking for revisiting. I wonder how so much attempt you place to create any such fantastic informative website.
There is noticeably a bunch to know about this. I suppose you made various nice points in features also.
What i do not realize is actually how you are not really much more well-liked than you may be now. You’re very intelligent. You realize thus considerably relating to this subject, produced me personally consider it from so many varied angles. Its like men and women aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs nice. Always maintain it up!
Opiekunka Do Osob Starszych Niemcy
Some truly fantastic articles on this internet site, regards for contribution. “We are always in search of the redeeming formula, the crystallizing thought.” by Etty Hillesum.
Hi, i think that i saw you visited my site so i came to “return the favor”.I’m attempting to find things to improve my web site!I suppose its ok to use a few of your ideas!!
Zastepstwo Opieka Niemcy
I really appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thx again!
very nice put up, i certainly love this website, keep on it
I have been absent for some time, but now I remember why I used to love this web site. Thank you, I’ll try and check back more frequently. How frequently you update your web site?
Here are several of the sites we suggest for our visitors.
I would like to thnkx for the efforts you have put in writing this site. I am hoping the same high-grade website post from you in the upcoming also. In fact your creative writing skills has encouraged me to get my own blog now. Actually the blogging is spreading its wings fast. Your write up is a great example of it.
sorry mf dj taydeville ft lil jay from crime
Simply wish to say your article is as astounding. The clarity in your post is simply nice and i could assume you’re an expert on this subject. Well with your permission let me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please continue the gratifying work.
ball hard dj taydeville ft crime mob free
Simply desire to say your article is as amazing. The clarity in your post is just excellent and i can assume you are an expert on this subject. Well with your permission allow me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please keep up the rewarding work.
Simply desire to say your article is as astonishing. The clarity in your post is just nice and i could assume you are an expert on this subject. Fine with your permission allow me to grab your feed to keep updated with forthcoming post. Thanks a million and please keep up the enjoyable work.
I know this if off topic but I’m looking into starting my own weblog and was wondering what all is required to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very web savvy so I’m not 100 sure. Any recommendations or advice would be greatly appreciated. Kudos
bulk alnico magnets
Its wonderful as your other posts : D, regards for posting . “Talent does what it can genius does what it must.” by Edward George Bulwer-Lytton.
Jesse Jane Pussy & Ass Double Stroker
we came across a cool web-site that you may possibly appreciate. Take a search in the event you want
hey there and thanks to your info – I have definitely picked up anything new from proper here. I did however experience a few technical issues the use of this site, as I skilled to reload the web site many instances prior to I may get it to load properly. I had been pondering in case your web host is OK? Now not that I’m complaining, but slow loading instances occasions will sometimes impact your placement in google and could injury your quality rating if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Anyway I’m including this RSS to my e-mail and can glance out for a lot more of your respective fascinating content. Ensure that you update this again soon..
I do not even know how I ended up here, but I thought this post was great. I do not know who you are but certainly you are going to a famous blogger if you aren’t already 😉 Cheers!
Cennik Projektow Stron Internetowych Gorzow
I like this weblog very much, Its a really nice office to read and incur info . “Being powerful is like being a lady. If you have to tell people you are, you aren’t.” by Margaret Hilda Thatcher.
I have been surfing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. Personally, if all website owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.
Someone necessarily lend a hand to make severely posts I might state. That is the very first time I frequented your web page and thus far? I surprised with the research you made to make this actual post incredible. Great task!
Web Development Gorzow
I believe you have mentioned some very interesting details , appreciate it for the post.
The information and facts talked about in the article are some of the top available
My partner and I stumbled over here by a different web address and thought I should check things out. I like what I see so i am just following you. Look forward to looking over your web page yet again.
very nice post, i actually love this web site, keep on it
I do not even know how I ended up here, but I thought this post was great. I don’t know who you are but certainly you are going to a famous blogger if you aren’t already 😉 Cheers!
Yet another thing I would like to convey is that in place of trying to suit all your online degree lessons on days of the week that you finish work (since most people are worn out when they get back), try to receive most of your lessons on the saturdays and sundays and only a couple courses on weekdays, even if it means a little time off your weekend break. This pays off because on the week-ends, you will be extra rested along with concentrated in school work. Thx for the different suggestions I have learned from your site.
obat kuat alami
I am now not sure the place you’re getting your information, however good topic. I needs to spend a while studying much more or working out more. Thank you for fantastic info I used to be on the lookout for this information for my mission.
pembesar penis alami
Hi, Neat post. There is a problem with your website in internet explorer, would test this… IE still is the market leader and a good portion of people will miss your excellent writing because of this problem.
My brother suggested I might like this blog. He was totally right. This post actually made my day. You cann’t imagine simply how much time I had spent for this information! Thanks!
Comments are closed.