Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Remember when ICBC, Dave Eby and the NDP government launched a multi million dollar marketing campaign promising British Columbians they are bringing ‘enhanced care’ to ICBC and how much more crash victims will be getting? Well, turns out that was none of it was true. Crash victims are getting less under no-fault. A lot less. […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Earlier this year a regulation came into force artificially limiting the recoverable disbursements in many motor vehicle actions to 6% of the damages. The government made little effort in disguising that this rule was brought in to save a single litigant money, namely ICBC. In one of the first judicial comments on the regulation the […]
Written by ERIK MAGRAKEN on . Posted in BC Civil Resolution Tribunal.
Reasons for judgement were published today by the BC Court of Appeal criticizing BC’s Civil Resolution Tribunal for an “unreasonable” and “flawed” analysis when reviewing a party’s request to be represented by a lawyer. In today’s case (The Owners, Strata Plan NW 2575 v. Booth) the owners of a strata unit filed a dispute against […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archives of judicial criticism of expert evidence, reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, rejecting the evidence of two experts the court found gave evidence in a ‘partisan’ fashion. In today’s case (Thompson v. Helgeson) the Plaintiff was involved in a 2012 collision that […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archived case summaries addressing advocacy by expert witnesses, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, soundly criticizing an expert witness for a lack of objectivity. In today’s case (La Porte v. Earl) the Plaintiff was involved in a 2010 collision that the Defendant admitted fault […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for multiple injuries sustained in a vehicle collision. In today’s case (Chappell v. Loyie) the Plaintiff was injured when his motorcycle was struck by the Defendants vehicle in an intersection collision. He suffered numerous injuries, some of which resolved others which […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, dismissing a defence request for an independent medical assessment of a Plaintiff in part due to the use of a “cut and paste affidavit”. In the recent case (Mirzai-Sheshjavani v. Ho) the Plaintiff was involved in a collision and sued for […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archived case summaries addressing advocacy by expert witnesses, reasons for judgement were released today by the BC Supreme Court, Kamloops Registry with critical comments about an expert witness. In today’s case (Odian v. Carriere) the Plaintiff sustained a chronic neck injury as a result of a collision. Her symptoms impacted her […]
Written by admin on . Posted in BCSC Civil Rule 11.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, finding that a Plaintiff’s failure to recover from injuries is not enough for a Defendant to secure a late defence medical exam. In today’s case (Dzumhur v. Davoody) the Plaintiff was injured in a a collision and sued for damages. In the […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Chilliwack Registry, ordering a Plaintiff to pay ICBC special costs following ‘reprehensible‘ conduct. In today’s case (Tambosso v. Holmes) the Plaintiff was injured in two collisions and sued for damages. Prior to trial the Plaintiff received $36,895 in tort advances from ICBC. After a […]