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Search Results for “credibility

$36,000 Non-Pecuniary Damages Awarded for Rib Injury

Reasons for judgment were released last Thursday (Grier v. Saadzoi) awarding a Plaintiff just over $46,000 in total damages as a result of injuries suffered in a 2004 British Columbia motor vehicle collision. The crash happened in Surrey, BC.  The collision resulted in significant vehicle damage totalling the Plaintiff’s car.  The Plaintiff suffered various soft […]

Rule 18-A and Your ICBC Injury Case

One of the tools in a BC Trial Lawyers arsenal is BC Supreme Court Rule 18-A. Rule 18-A permits claims to proceed to court via ‘summary trial’.   In summary trials no live witnesses are called, instead the evidence is put before the Judge by way of affidavit evidence.  From there the lawyers make their […]

ICBC Claims and the Onset of Pain in Pre-Existing Conditions

Reasons for judgement were released today by the BC Supreme Court (Haines v. Shewaga) awarding a Plaintiff $34,000 in non-pecuniary damages (pain and suffering) as a result of injuries sustained in a 2005 car crash in Nanaimo, BC. One of the issues in this case which frequently comes up in ICBC Injury Claims is that […]

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 […]

BC Personal Injury Claims Round-Up

On Friday the BC Supreme Court released reasons for judgement dealing with awards for pain and suffering in 3 separate motor vehicle accident cases. In my continued efforts to create an easy to access data-base of ICBC related claims for pain and suffering here are the highlights of these cases: In the first case (Driscoll […]

BC Personal Injury Claims and the Duty to Mitigate

If you are injured in BC through the fault of another and advance a tort claim you have a duty to mitigate your damages.  What this means is you have a duty to take reasonable steps to minimize your losses.  For example, if you are capable of getting back to work you ought to do […]

Over $250,000 Awarded for Serious Injuries in ICBC Claim

Reasons for judgement were released today (Tchao v. Bourdon) in an ICBC Injury Tort Claim awarding $276,504.46 in total damages as a result of injuries suffered in a 2004 collision in the Lower Mainland.  I am still in trial still and only have time for bare bones reporting.  In this case it appears the Plaintiff […]

$115,000 Awarded in ICBC Low Velocity Impact (LVI) Claim

(Please note the case discussed in this post was overturned by the BC Court of Appeal in reasons for judgment released on September 21, 2010.  You can go to my September 2010 archives to read my summary of the BC Court of Appeal Decision) Reasons for judgment were released today by the BC Supreme Court […]

ICBC Claims, Surveillance Video and Disclosure

Reasons for judgment were released today by the BC Court of Appeal dealing with the timing of disclosure of non-privileged video surveillance of a Plaintiff involved in a tort claim. In this case the Plaintiff sued for damages as a result of 2 motor vehicle collisions.  The Defendants insurer retained a private investigator to conduct […]

More from BCSC on Rule 37-B

Reasons for judgment were released today further interpreting the relatively new BC Rule 37(B) (the rule dealing with formal settlement offers and costs consequences of these in BC Supreme Court Actions). The facts of this case are a little difficult to extract from the judgement but it appears that the Plaintiff sued for damages as […]