Written by admin on . Posted in Civil Procedure, Jury Trials, Uncategorized.
I have previously blogged about the new Rule 37B (here and here) which deals with formal offers of settlement and the costs consequences of trial. The first case that I’m aware of dealing with Rule 37B in an ICBC claim was released today. In this case both fault and quantum were at issue. The Plaintiff […]
Written by admin on . Posted in Civil Procedure, ICBC Brain Injury Cases, ICBC Head Injury Cases, ICBC Liability (fault) Cases, ICBC Psychological Injury Cases, Uncategorized.
There is a lot to blog about today so I will have to keep these case summaries short. The BC Supreme Court released 3 cases today that may be of interest to people advancing ICBC claims. The first deals with the choice of forum of where to sue. The Plaintiff was in a collision with […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal reducing a lawyer’s fee for services performed on a contingency basis. The facts of the case are tragic. The Plaintiff was catastrophically injured when she was 19 months old in a single vehicle roll over accident in 1993. A claim was started against […]
Written by admin on . Posted in Civil Procedure, ICBC LVI (Low Velocity Impact) Cases, Uncategorized.
Today I’m blogging from sunny Kamloops from my colleague Peter Jensen’s office. Clients are coming soon so I have to keep this short. The Supreme Court of BC has an unlimited monetary jurisdiction whereas BC small claims court currently has a jurisdiction of $25,000 or less. When suing for damages as a result of a […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Rule 68 of the BC Supreme Court Rules was introduced to deal with certain cases worth $25,000 – $100,000. For such cases this rule was implemented to help bring cases to trial more quickly and with less expense. In doing so certain limits were imposed on how a claim can be prosecuted. One of the […]
Written by admin on . Posted in Civil Procedure, ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Reasons for judgement were released today awarding a Plaintiff $12,000 for ‘pain and suffering and loss of amenities‘ (non-pecuniary damages) for ‘a mild soft tissue injury which had essentially cleared within 3 months or so. ‘. The Plaintiff was rear-ended in 2006 in North Vancouver. The court found that the impact was significant. The Plaintiff […]
Written by admin on . Posted in Uncategorized.
If you are advancing and ICBC injury claim in BC Supreme Court, whether or not you are represented by an ICBC Claims Lawyer, you need to know something about Formal Settlement Offers. These settlement offers bring potential consequences if they are not accepted and these need to be considered when deciding whether an ICBC settlement […]
Written by admin on . Posted in Uncategorized.
Reasons for judgment were released by the BC Supreme Court yesterday awarding a Plaintiff in a BC personal injury claim “costs” despite the fact that the Plaintiff’s award was within the small claims court jurisdiction. This case gave me a good opportunity to write a little bit about the “costs’ consequences of bringing ICBC claims […]