Search Results for “section 24 insurance vehicle act

Motorcycle Learner Licences, the Supervision Requirement and Breach of Insurance

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 […]

ICBC Injury Claims, Breach of Insurance and the Health Care Costs Recovery Act

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 […]

ICBC Insurance Claims and the Duty to Disclose the Principal Operator

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 […]

Let’s Talk Criminal Drivers And BC Victims Right To Sue

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 […]

Breaking – BC Supreme Court Declares Civil Resolution Tribunal Law Over Collision Claims Unconstitutional

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 […]

CRT Assesses Damages for “Relatively Minor” Injury at Only $1,500

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 […]

"Standard of Perfection" Not Needed for Victims of Hit and Run Collisions

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. […]

Indivisible Injury Principle Applied Where Injuries Aggravated in Limitation Barred Event

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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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.

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