Written by admin on . Posted in ICBC No-Fault (Part 7) Benefits, Uncategorized.
Useful reasons for judgement were released this week by the BC Court of Appeal addressing the circumstances when a motorcycle learner will be held in breach of insurance for not being supervised by a qualified driver. In today’s case (Hagen v. ICBC) the Plaintiff had a valid 6L learner’s licence. One requirement of a learner’s […]
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Further to my previous posts on the BC Health Care Costs Recovery Act (click here for background information) I recently received clarification from the Ministry of Health Services about their position regarding the HCCRA’s applicability to ICBC Injury Claims where the Defendant is insured with ICBC but in breach of their policy. After settling a recent […]
Written by admin on . Posted in Civil Procedure, Tort Reform, Uncategorized.
Further to my previous posts on the Health Care Costs Recovery Act, I recently had the opportunity to scrutinize the Act’s application to Uninsured Motorist Claims under Section 20 of the BC Insurance (Vehicle) Act. It was a a bit of a lengthy exercise so I thought I would share my findings for the benefit […]
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When you purchase a contract of insurance with ICBC one of the things that must be disclosed is who the principal operator of the vehicle will be. Depending on the answer the rate of insurance may vary. If a consumer misrepresents who the principal operator is this can result in a breach of insurance and […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
There have been a lot of terrible stories in recent weeks of pedestrians, cyclists and other road users suffering tragic injuries and even death at the hands of reckless motorists. I will not link to any individual stories as I don’t want to use personal tragedy as a talking point. Accept with a quick google […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Update – in a split decision the below judgement was overturned by the BC Court of Appeal. Its ultimate fate may be decided by the Supreme Court of Canada. _________________________________________________ Today the BC Supreme Court issued reasons for judgement striking down various laws giving the Provincial Civil Resolution Tribunal jurisdiction over certain collision claims as […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published this week by BC’s Civil Resolution Tribunal (“CRT”) addressing fault and damages following a collision. In what is one of the lowest assessments of non-pecuniary damages I have seen the CRT awarded $1,500 for injuries which lasted several months. In today’s case (Thandi v. Uggal) the Applicant was involved in […]
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Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, canvassing what steps are adequate for a hit and run collision victim to take in ascertaining the identify of the offending motorist before they can successfully make a claim under s. 24 of the Insurance (Vehicle) Act. In today’s case (Ghuman v. […]
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Helpful reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, showing the Plaintiff friendly scope of the Indivisible Injury principle. In today’s case (Griffioen v. Arnold) the Plaintiff was involved in two vehicle collisions. The first in 2011. She sued the at fault motorist who admitted liability. She was involved in a […]
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In late 2014 the BC Supreme Court rules that ICBC wage loss benefits can be ‘revived’ if a collision related injury which was initially disabling retriggers disability beyond the 104 week mark. ICBC appealed but in reasons for judgement released today the BC Court of Appeal upheld the trial court’s reasoning. In today’s case (Symons […]
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.
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This blog is authored by personal injury and ICBC Claims lawyer Erik Magraken. Use of the site and sending or receiving information through it does not establish a solicitor/client relationship. The views expressed and the content provided on this blog is for nonprofit educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. The use of this website does not create a solicitor-client (attorney-client) relationship. If you require legal advice, you should contact a lawyer directly.