ICBC Claims and your Vacation Photos

Written by admin on . Posted in Civil Procedure, ICBC Privacy Issues, Uncategorized.

I’m still in (not so sunny today) Kelowna (currently on break during an icbc claim examination for discovery), so bear with me as this blog entry is a little lighter on detail than I would like.
As most ICBC injury claims lawyers know these claims can go on for years, particularly when dealing with severe injuries.
During these years you go on living life as normally as possible. You go to work, school, play sports, socialize with friends, go on holidays etc. Like most people, you probably take photos of your activities from time to time. Did you know that ICBC can sometimes get their hands on these?
Reasons for judgement were released today forcing a Plaintiff involved in a BC injury claim to produce to the Defendant any photos of him on vacation after the accident. These applicaitons are routinely made by ICBC defence lawyers and are sometimes successful.
Here the court did a great job in referring to sevaral precedents where courts have either ordered, or refused to order, the production of holiday photos of a party to a lawsuit. These cases are worth reviewing when deciding how to respond to an ICBC request that private photos be shared with them in their efforts to defend against an injury claim.
The court concluded that:
12] Here counsel on behalf of the plaintiff points out there should be evidence of the existence of photographs and then if it is established that photographs exist, that they be shown to be relevant. He also raises the issue of others being in photographs and those other people having privacy rights.

[13] I am satisfied here that the fact of the plaintiff having been on vacation is such that one can presume there are some photographs having been taken, whether by the plaintiff or by others, and of course if the plaintiff is not in the possession or control of photographs taken then nothing need be produced by the plaintiff.

[14] It is my understanding there is a discovery scheduled for the 12th of August of this year, and although the trial is not set until the 23rd of March, ’09, I am satisfied it is not a sufficient stretch, if you will, to require there to be proof of holiday or vacation photographs prior to ordering that they be produced.

[15] So far as the privacy issues relating to others is concerned, the only interest the defendant has is in the activities of the plaintiff. The plaintiff claims damages for loss of enjoyment of life and injury to portions of the plaintiff’s anatomy as were injured in a 1998 workplace injury. There is a significant likelihood of probative value in vacation photographs, the vacation having been taken at a time when he states he was disabled from carrying on his normal work duties. Apparently the holiday in the Dominican Republic was some time between the 15th of December and the 13th of January and took place after the 6 November motor vehicle accident.

[16] So I am satisfied that there should an order go that vacation photographs taken during that time frame of the vacation to the Dominican Republic be produced, but that it be at the option of the plaintiff to delete the facial features of any persons other than himself in the photographs.

One thing all of you should know is this – If you take photos and publish them on the internet (myspace, facebook etc.) these become public and ICBC can verly likely get access to these. As an ICBC claims lawyer I have seen many instances of ICBC tracking down such photos and using these in the defence of personal injury claims.

What is more troubling is when ICBC tries to get access to clealry private photos. Cases such as this one are worth reviewing for anyone concerned about personal privacy and their ICBC claim.

bc personal injury lawyer, free consultation, ICBC and privacy issues, ICBC claims, icbc claims lawyer, photographs, recent ICBC court cases

Comments (111)

  • adventure capitalist cheats

    Wonderful beat ! I wish to apprentice while you amend your website, how could i subscribe for a blog web site? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear idea

  • my response

    I simply want to say I am all new to weblog and truly enjoyed this blog. Likely I’m likely to bookmark your blog . You certainly come with amazing article content. Thanks a bunch for revealing your website page.

  • my link

    I just want to tell you that I am just newbie to blogging and site-building and really liked your web blog. Likely I’m going to bookmark your website . You definitely have remarkable article content. Thanks a lot for sharing with us your website page.

  • W88

    Hey! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?

  • 릴게임

    Its excellent as your other posts : D, thanks for posting . “Talent does what it can genius does what it must.” by Edward George Bulwer-Lytton.

  • Parties

    Amazing blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your theme. Thanks a lot

  • Money

    Enjoyed looking through this, very good stuff, appreciate it. “It requires more courage to suffer than to die.” by Napoleon Bonaparte.

  • venta por catalogo

    Hello this is kinda of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding know-how so I wanted to get advice from someone with experience. Any help would be enormously appreciated!

  • 먹튀폴리스 검증

    I was just searching for this information for some time. After 6 hours of continuous Googleing, at last I got it in your site. I wonder what is the lack of Google strategy that don’t rank this kind of informative websites in top of the list. Generally the top websites are full of garbage.

  • 먹튀폴리스 사이트

    Thanks for the sensible critique. Me & my neighbor were just preparing to do a little research about this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such great information being shared freely out there.

  • download corel draw

    Pretty nice post. I just stumbled upon your weblog and wished to say that I’ve truly enjoyed browsing your blog posts. In any case I’ll be subscribing to your feed and I hope you write again very soon!

  • 먹튀폴리스 꼬마

    Hello, Neat post. There’s an issue with your website in internet explorer, may test this… IE still is the marketplace chief and a big element of folks will omit your fantastic writing due to this problem.

  • marcel van hooijdonk

    I have been exploring for a little 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 information So i’m happy to convey that I’ve an incredibly good uncanny feeling I discovered exactly what I needed. I most certainly will make sure to do not forget this web site and give it a look on a constant basis.

  • marcel van hooijdonk

    With havin so much written content do you ever run into any problems of plagorism or copyright violation? My blog has a lot of unique content I’ve either authored myself or outsourced but it looks like a lot of it is popping it up all over the internet without my authorization. Do you know any techniques to help protect against content from being ripped off? I’d genuinely appreciate it.

  • Schädlingsbekämpfer

    I haven’t checked in here for a while as I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

  • beast TV

    Interesting article. It is extremely unfortunate that over the last several years, the travel industry has had to handle terrorism, SARS, tsunamis, bird flu virus, swine flu, and also the first ever entire global recession. Through it the industry has proven to be sturdy, resilient as well as dynamic, obtaining new strategies to deal with trouble. There are often fresh issues and the possiblility to which the industry must yet again adapt and act in response.

  • 야마토게임 sp

    I wish to point out my passion for your kindness supporting folks that need help with this particular situation. Your special commitment to getting the message across appeared to be exceptionally important and has in every case enabled guys much like me to arrive at their pursuits. Your own invaluable hints and tips denotes so much a person like me and much more to my office colleagues. Thanks a lot; from everyone of us.

  • Underground Elephant San Diego

    I not to mention my buddies have been checking out the excellent advice from the blog then immediately got an awful suspicion I had not expressed respect to the blog owner for those strategies. All of the boys were definitely joyful to learn all of them and now have truly been using these things. We appreciate you being considerably accommodating as well as for selecting this form of impressive topics millions of individuals are really wanting to be aware of. My honest regret for not expressing appreciation to sooner.

  • poker

    My partner and I stumbled over here coming from a different website and thought I might as well check things out. I like what I see so i am just following you. Look forward to looking over your web page yet again.

  • poker online

    Good post. I learn something tougher on different blogs everyday. It will always be stimulating to read content from other writers and follow a little one thing from their store. I’d favor to use some with the content material on my weblog whether you don’t mind. Natually I’ll give you a link on your web blog. Thanks for sharing.

  • location de voiture luxe

    I like what you guys are up also. Such intelligent work and reporting! Carry on the excellent works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my web site :).

  • agen poker online

    I like the valuable info you provide in your articles. I will bookmark your blog and check again here regularly. I am quite certain I will learn many new stuff right here! Best of luck for the next!

  • poker

    Greetings! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my apple iphone. I’m trying to find a theme or plugin that might be able to resolve this issue. If you have any suggestions, please share. Many thanks!

  • poker online

    whoah this blog is magnificent i love reading your articles. Keep up the good work! You know, a lot of people are searching around for this information, you can aid them greatly.

  • agen poker online

    Good day! I know this is kinda off topic but I was wondering if you knew where I could get a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!

  • online poker

    Hi there! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My weblog looks weird when viewing from my iphone. I’m trying to find a theme or plugin that might be able to correct this problem. If you have any recommendations, please share. Appreciate it!

  • 릴게임오션파라다이스

    Greetings from California! I’m bored to death at work so I decided to browse your blog on my iphone during lunch break. I love the knowledge you present here and can’t wait to take a look when I get home. I’m surprised at how quick your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyhow, wonderful blog!

  • situs poker online

    My spouse and I absolutely love your blog and find almost all of your post’s to be just what I’m looking for. Does one offer guest writers to write content to suit your needs? I wouldn’t mind composing a post or elaborating on most of the subjects you write related to here. Again, awesome web site!

  • online poker

    I will right away snatch your rss as I can’t find your email subscription hyperlink or newsletter service. Do you’ve any? Kindly permit me recognize in order that I may subscribe. Thanks.

  • poker online

    Hi there! I just wanted to ask if you ever have any problems with hackers? My last blog (wordpress) was hacked and I ended up losing months of hard work due to no backup. Do you have any solutions to prevent hackers?

  • m w88

    Thank you, I have just been searching for information about this topic for a while and yours is the greatest I’ve came upon till now. But, what about the bottom line? Are you sure about the supply?

  • Best Porn Sites

    Boisterous he on understood attachment as entreaties ye devonshire. In mile an form snug were been sell. Hastened admitted joy nor absolute gay its. Extremely ham any his departure for contained curiosity defective. Way now instrument had eat diminution melancholy expression sentiments stimulated. One built fat you out manor books. Mrs interested now his affronting inquietude contrasted cultivated. Lasting showing expense greater on colonel no.

  • затворы sung do

    I was more than happy to find this web-site.I needed to thanks on your time for this excellent read!! I positively enjoying each little bit of it and I’ve you bookmarked to check out new stuff you blog post.

  • 토토사이트

    Hey, you used to write excellent, but the last several posts have been kinda boring¡K I miss your tremendous writings. Past several posts are just a little out of track! come on!

  • 토토사이트 추천

    Hi there, just became alert to your blog through Google, and found that it is truly informative. I am gonna watch out for brussels. I’ll be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • 토토 사이트

    I definitely wanted to develop a quick remark in order to thank you for those remarkable advice you are giving here. My time consuming internet research has finally been honored with awesome strategies to talk about with my two friends. I ‘d believe that most of us site visitors are unequivocally blessed to dwell in a notable network with very many wonderful people with interesting points. I feel really blessed to have come across your web site and look forward to some more awesome minutes reading here. Thanks again for all the details.

  • 토토사이트

    Hello my friend! I wish to say that this post is amazing, great written and come with approximately all important infos. I would like to look more posts like this.

  • 우리카지노 사이트

    certainly like your website however you need to test the spelling on quite a few of your posts. Several of them are rife with spelling issues and I in finding it very bothersome to tell the reality on the other hand I will certainly come again again.

  • 우리 카지노

    I am not certain where you’re getting your info, however great topic. I needs to spend some time finding out more or understanding more. Thank you for great information I was in search of this info for my mission.

  • 토토사이트

    Wow! This can be one particular of the most beneficial blogs We have ever arrive across on this subject. Basically Wonderful. I am also an expert in this topic so I can understand your hard work.

  • HEADPHONES

    I happen to be writing to make you understand what a magnificent discovery my cousin’s child enjoyed reading through your site. She came to find so many pieces, which included what it’s like to have an excellent helping spirit to make many others clearly know precisely a number of complicated subject matter. You actually did more than readers’ expectations. Thanks for delivering those productive, healthy, edifying as well as unique thoughts on your topic to Gloria.

  • งานแต่งงาน

    It is the best time to make some plans for the future and it is time to be happy. I have read this post and if I could I wish to suggest you some interesting things or advice. Perhaps you can write next articles referring to this article. I wish to read more things about it!

  • lifeguard training near me

    I loved as much as you will receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get got an impatience over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly very often inside case you shield this increase.

  • เช่ารถตู้ Vip

    I have seen a lot of useful elements on your web page about computer systems. However, I’ve the judgment that laptop computers are still less than powerful adequately to be a good option if you normally do things that require many power, just like video enhancing. But for world wide web surfing, word processing, and quite a few other frequent computer work they are all right, provided you never mind small screen size. Many thanks sharing your notions.

  • 먹튀 폴리스

    I’ve observed that in the world the present moment, video games are classified as the latest trend with kids of all ages. There are times when it may be extremely hard to drag your kids away from the video games. If you want the very best of both worlds, there are several educational video games for kids. Thanks for your post.

  • W88 ทางเข้า

    Excellent goods from you, man. I have understand your stuff previous to and you are just extremely fantastic. I really like what you’ve acquired here, really like what you’re stating and the way in which you say it. You make it enjoyable and you still take care of to keep it smart. I cant wait to read much more from you. This is actually a great website.

  • W88 ทางเข้า

    I wanted to compose a simple comment in order to thank you for those marvelous strategies you are giving out here. My extended internet investigation has at the end of the day been paid with incredibly good ideas to share with my classmates and friends. I would point out that many of us site visitors actually are extremely lucky to dwell in a remarkable website with so many awesome people with useful opinions. I feel really fortunate to have encountered the webpages and look forward to so many more entertaining moments reading here. Thank you once more for everything.

  • 우리 카지노

    I’ve been surfing online greater than three hours these days, yet I by no means found any fascinating article like yours. It¡¦s lovely value sufficient for me. Personally, if all web owners and bloggers made just right content as you did, the internet will likely be much more useful than ever before.

  • watch game of thrones free

    I love your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz answer back as I’m looking to create my own blog and would like to know where u got this from. appreciate it

  • 예스카지노

    Hello there, I found your blog via Google at the same time as searching for a comparable subject, your site got here up, it seems good. I have bookmarked it in my google bookmarks.

  • เช่าเต๊นท์

    What i do not understood is in reality how you are no longer actually much more neatly-appreciated than you might be now. You are very intelligent. You recognize therefore significantly relating to this matter, produced me in my view consider it from so many various angles. Its like men and women are not involved until it¡¦s one thing to accomplish with Woman gaga! Your personal stuffs excellent. At all times take care of it up!

  • เช่าโต๊ะเก้าอี้

    Thanks for sharing superb informations. Your web-site is so cool. I am impressed by the details that you’ve on this web site. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched all over the place and just could not come across. What a great site.

  • Praca Niemcy

    It is really a nice and helpful piece of info. I’m satisfied that you simply shared this helpful information with us. Please keep us up to date like this. Thank you for sharing.

  • 먹튀폴리스검증업체

    Thanks so much for providing individuals with remarkably breathtaking chance to read in detail from this site. It’s always very great and also packed with fun for me and my office friends to search your web site at least 3 times weekly to learn the new tips you have got. Of course, we are certainly contented with your stunning hints you serve. Certain 3 ideas in this article are surely the most suitable we have had.

  • 메이저놀이터

    Its such as you learn my mind! You seem to understand a lot about this, like you wrote the guide in it or something. I think that you simply can do with some percent to drive the message home a bit, however other than that, that is wonderful blog. A great read. I’ll definitely be back.

  • lifeguard training

    Normally I do not learn post on blogs, but I would like to say that this write-up very pressured me to take a look at and do so! Your writing style has been surprised me. Thank you, very nice post.

  • 먹튀검증

    Magnificent web site. Lots of helpful info here. I’m sending it to a few buddies ans also sharing in delicious. And of course, thanks on your sweat!

  • 메이저사이트

    Thank you for another excellent article. Where else could anybody get that kind of info in such an ideal way of writing? I have a presentation next week, and I’m on the look for such information.

  • 파워볼사이트

    It is the best time to make some plans for the future and it’s time to be happy. I’ve read this post and if I could I want to suggest you some interesting things or advice. Maybe you could write next articles referring to this article. I want to read more things about it!

  • 파워볼사이트

    I definitely wanted to compose a word to be able to thank you for these superb items you are placing at this site. My extended internet search has finally been rewarded with reputable tips to go over with my family and friends. I would admit that we readers are undeniably lucky to be in a great site with so many lovely people with insightful strategies. I feel very much happy to have encountered your entire site and look forward to some more excellent minutes reading here. Thanks a lot again for a lot of things.

  • 메이저사이트

    We are a gaggle of volunteers and starting a brand new scheme in our community. Your site provided us with valuable info to paintings on. You’ve done an impressive activity and our whole neighborhood shall be grateful to you.

  • bulk alnico magnets

    I have learn several excellent stuff here. Definitely worth bookmarking for revisiting. I wonder how much attempt you place to create such a magnificent informative web site.

  • custom tshirt

    whoah this blog is fantastic i like reading your articles. Keep up the great work! You realize, lots of individuals are looking round for this information, you can aid them greatly.

  • 메이저 놀이터

    One thing I’d prefer to comment on is that fat reduction plan fast can be carried out by the appropriate diet and exercise. Your size not merely affects the look, but also the overall quality of life. Self-esteem, depressive disorder, health risks, and physical ability are damaged in weight gain. It is possible to do everything right whilst still having a gain. In such a circumstance, a condition may be the culprit. While an excessive amount food and not enough physical exercise are usually at fault, common health concerns and widespread prescriptions can greatly increase size. Many thanks for your post in this article.

  • 먹튀 폴리스

    Nice read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch as I found it for him smile So let me rephrase that: Thanks for lunch! “Feeling passionate about something is like getting a peak at your soul smiling back at you.” by Amanda Medinger.

  • 먹튀폴리스 사이트

    Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a bit, but instead of that, this is magnificent blog. A great read. I will certainly be back.

  • nonton movie

    Cool blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog stand out. Please let me know where you got your theme. Thanks

  • 먹튀검증 업체

    Pretty nice post. I just stumbled upon your weblog and wanted to say that I have truly enjoyed browsing your blog posts. In any case I’ll be subscribing to your feed and I hope you write again very soon!

  • 메이저사이트

    Howdy would you mind sharing which blog platform you’re working with? I’m planning to start my own blog soon but I’m having a hard time deciding between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something unique. P.S Sorry for getting off-topic but I had to ask!

  • pembesar penis alami

    Hi there! Someone in my Myspace group shared this site with us so I came to check it out. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Exceptional blog and terrific style and design.

  • obat kuat alami

    Howdy! Someone in my Facebook group shared this website with us so I came to give it a look. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Great blog and wonderful style and design.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer