Written by admin on . Posted in Civil Procedure, Uncategorized.
Imagine being the victim of a hit and run accident in British Columbia and sustaining serious injuries. You try your best to figure out the identity of the offending motorist but you get nowhere. Your injuries significantly impact your day to day life and your medical expenses and wage loss are sky-rocketing. Without knowing the […]
Written by admin on . Posted in Uncategorized.
(Note: the case discussed in the below article was upheld by the BC Court of Appeal on March 19, 2010) What if you are injured in British Columbia in a Hit and Run motor vehicle accident where you could not ascertain the name of the driver / owner of the vehicle that injured you? Can […]
Written by ERIK MAGRAKEN on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, finding ICBC is liable to pay special costs for ‘reprehensible’ conduct in litigation. In the recent case (Zhang v. 328633 BC Ltd) the Plaintiff was injured while riding as a passenger in a bus. A truck driver made an unsafe lane […]
Written by admin on . Posted in Uncategorized.
Earlier this week a streaker thought it was a good idea to run onto the field during a CFL game. Not taking too kindly to the unwanted interruption Marcell Young of the BC Lions took matters into his own hands and put an end to the streakers 15 seconds of fame. The incident was captured […]
Written by admin on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were published this week by the BC Supreme Court, New Westminster Registry, assessing fault for a crash involving an unidentified motorist. In the recent case (MacKenzie v. John Doe) the Plaintiff was working as a security guard when he noticed a shoplifter. He pursued the shoplifter to his vehicle. When confronted the […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As previously discussed, when injured by the fault of an unidentified motorist in BC, a Plaintiff can sue ICBC directly for damages in place of the unknown motorist provided section 24 of the Insurance (Vehicle) Act is complied with. After a lawsuit starts, if the unknown motorist becomes known then the Plaintiff can substitute the appropriate party. Reasons for […]
Written by admin on . Posted in BCSC Civil Rule 1, Uncategorized.
(IPDATE: The case discussed in the below post was upheld on Appeal on October 26, 2011) As previously discussed, victims of injuries sustained in collisions caused by “unidentified motorists” can seek compensation directly from ICBC under section 24 of the Insurance (Vehicle) Act provided that they comply with this section. One of the requirements of s. 24 is […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Generally speaking a person is not allowed to call evidence of ‘prior consistent statements‘ at trial. The reason is because this offends the rule against hearsay and is an improper attempt to bolster witness credibility. There is a powerful exception to this general rule, however, and this relates to allegations that a witness is fabricating their […]
Written by admin on . Posted in ICBC Brain Injury Cases, Uncategorized.
When people suffer from mild traumatic brain injuries (MTBI), it sometimes takes time for people to recognize the extent of the injury and the impact that the consequences of MTBI have on everyday life. Changes can be subtle but the impact could be dramatic. Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, […]
Written by admin on . Posted in Uncategorized.
An important case was released today by the BC Court of Appeal (Crookes v. Newton) dealing with defamation law. When a Defendant is sued for defamation it must be proven that defamatory material was “published”. Today’s case was the first from a Canadian Appellate Court which dealt with the issue of whether an author of […]