Written by admin on . Posted in ICBC Shoulder Injury Cases.
Interesting reasons for judgement were handed down today following a 2 day trial in Vancouver. The Plaintiff was a passenger on a bus. The bus was involved in a collision in 2005. Fault for the accident was admitted by the negligent motorist. Upon impact the Plaintiff apparently ‘fell from his seat behind the driver of […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were recently published by the BC Supreme Court, Vancouver Registry, ordering that an ICBC expert’s report was biased and not admissible at trial. In the recent case (Didyuk v. Redlick) the Plaintiff was involved in three motor vehicle accidents and was claiming damages. In the course of the lawsuits ICBC used their […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published this week blasting ICBC for playing a “game of chicken” with an injury claimant in essence taking the claim to trial despite having no meaningful evidence or challenges to the plaintiff’s evidence. In the recent case (Moon v. Yaranon) the Plaintiff was involved in a 2015 crash. The Defendant admitted […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Given the personal and subjective ways chronic injuries can impact an individual giving reliable evidence is important. If adverse credibility findings are made in the course of an injury trial this can significantly impact a court’s overall view of the evidence. Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, […]
Written by ERIK MAGRAKEN on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgement were published today by the BC Supreme Court, Penticton Registry, dismissing a defence application for costs and awarding a Plaintiff full costs despite receiving a jury award substantially smaller than a pre trial formal settlement offer. In today’s case (Duarte v. McMillan) the Plaintiff was injured in a 2016 collision that the […]
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 Supreme Court, Vancouver Registry, holding that a Plaintiff’s surreptitious recording of defence medical exams are not admissible at trial. In today’s case (Cook v. Kang) the Plaintiff was injured in a collision and sued for damages. In the course of the lawsuit the defendant obtained a […]
Written by ERIK MAGRAKEN on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, declining to award a Defendant trial costs despite the Plaintiff receiving judgement for less than their pre trial settlement offers. In today’s case (Wiseman v. Wang) the Plaintiff was injured in a collision and sued for damages. Prior to a February 19, […]
Written by ERIK MAGRAKEN on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were published today by the BC Supreme Court, Kelowna Registry, dismissing a negligence claim against a bus driver whose hard braking injured several passengers. In today’s case (Clarkson v Elding) multiple plaintiffs sued for damages following injuries sustained while passengers on a bus. The Defendant operator “braked suddenly to avoid a collision […]
Written by ERIK MAGRAKEN on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, ordering that double costs be paid to a plaintiff who was awarded substantially more at trial than they were willing to settle their claim for. In today’s case (Miller v. Resurreccion) the Plaintiff was injured in a collision and sued for damages. […]