Written by admin on . Posted in Uncategorized.
When you purchase a contract of insurance with ICBC they want to know who the principal operator is going to be. The insurance premiums may vary based on the person’s driving record. It is unfortunately all too common of a problem for people to misrepresent who the principal operator of their vehicle is when insuring […]
Written by ERIK MAGRAKEN on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were published today by the BC Supreme Court, Courtenay Registry, dismissing a cyclist’s negligence action against a bus operator. In today’s case (Coles v. British Columbia Transit Corporation) the Defendant was operating a bus and pulled over to let passengers on or off. At the same time the Plaintiff was operating a […]
Written by ERIK MAGRAKEN on . Posted in Civil Procedure.
Today reasons for judgment were published by the BC Court of Appeal upholding a trial decision finding a motorist in breach of his insurance coverage due to impairment. In doing so the Court outlined limitations on the successful use of the Rule in Browne v. Dunn. The rule in Browne v. Dunn generally requires that […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were published today by the BC Court of Appeal finding that trial judges do have authority to award special costs against litigants even in circumstances where no litigation misconduct occurred. In today’s case (Tanious v. The Empire Life Insurance Company) the Plaintiff was insured with the Defendant. She became disabled and sought […]
Written by ERIK MAGRAKEN on . Posted in ICBC Privacy Issues, Uncategorized.
Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, assessing damages for injuries sustained in a vehicle collision. In the recent case (Williams v. Sekhon) the Plaintiff sustained serious and disabling injuries in a 2013 collision that the Defendant accepted fault for. In the defence of the claim the Defendants […]
Written by admin on . Posted in Uncategorized.
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 […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal confirming it is within the BC Supreme Court’s inherent jurisdiction for a judge to order a party to produce a medical report addressing whether that party is “capable or incapable of managing” their litigation. Today’s case (Walker v. Manufacturers Life Insurance Company) the […]
Written by admin on . Posted in ICBC No-Fault (Part 7) Benefits.
As previously discussed, BC’s Financial Institutions Act requires out of Province vehicle insurers to sign a “Power of Attorney Undertaking” in essence promising to provide the minimum insurance coverage available in BC when their insured vehicles are travelling in this Province and further not to raise any defences which are not available to BC insurers. As […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, discussing the limits of the ICBC coverage exclusion for crashes which occur during “performance driver training” In today’s case (Nye v. ICBC) the Plaintiff was the owner of a Corvette. He joined the Victoria Corvette Club which arranged for a private autocross […]
Written by admin on . Posted in ICBC Liability (fault) Cases.
Last week the BC Court of Appeal provided reasons for judgement clarifying in what circumstances a Plaintiff can have separate proceedings to address the issue of increased premiums following a collision versus a tort claim for other damages. In short the Court held that a separate claim against ICBC for breach of contract or breach of statutory […]