Written by admin on . Posted in BCSC Civil Rule 9, Civil Procedure.
Adding to this site’s database of ICBC Unidentified Motorist prosecutions, reasons for judgement were published today by the BC Supreme Court, Kamloops Registry, finding that the Summary Judgement rule cannot be used to determine if a plaintiff made all reasonable efforts to identify the at fault driver which is a prerequisite to a successful unidentified […]
I am the Victim of a Hit and Run. Can I still claim Compensation? Yes. If your loss occurred on a highway in BC, your injury or damage arose out of the use and operation of a motor vehicle and the name of the owner and driver of that vehicle were not ascertainable, you may […]
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Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, dismissing a claim for damages following a hit and run collision. In today’s case (Li v. ICBC) the Plaintiff was injured in a 2010 rear end collision. After speaking with the at fault motorist the parties agreed to pull over and […]
Written by admin on . Posted in BCSC Civil Rule 15.
When a claim is prosecuted under the fast track (Rule 15) the Court has discretion to remove the case in appropriate circumstances. Reasons for judgement were recently published by the BC Supreme Court addressing such an application. In the recent case (Peters v. ICBC) the Plaintiff was struck in a crosswalk by an unidentified motorist. […]
Written by admin on . Posted in BC Injury Claims Media Archives.
Earlier this year I had the pleasure of being interviewed by Donalee Moutlon who authored an article for the Lawyers Weekly addressing obligations of motorists involved in hit and run collisions in BC. Her article was published in this week’s edition. For those of you visiting this site after reading this article, welcome! If you […]
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I have written numerous times about ICBC hit and run claims and a Plaintiff’s obligation to make ‘all reasonable efforts’ to identify an unknown motorist prior to being able to successfully sue ICBC for damages. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, further addressing this obligation. In this week’s case (Akbari v. […]
Written by admin on . Posted in BCSC Civil Rule 6.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing whether a party should be substituted in on-going litigation where the Defendant was incorrectly named due to representations of ICBC. In short the Court held substitution should be permitted in such circumstances. In this week’s case (Bedoret v. Badham) the Plaintiff was involved in […]
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Last year I questioned the correctness of reasons for judgement which refused to make a substitutional order in an ICBC Claim involving an unidentified motorist. Reasons for judgement were released this week by the BC Supreme Court, Chilliwack Registry further addressing this area of the law finding that substitution orders are mandatory once the identity of an unidentified motorist becomes ascertained. In […]
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Further to my previous posts discussing legal obligations when seeking compensation following an unidentified motorist collision in BC, interesting reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, suggesting that in the right circumstances estoppel could be used to overcome a ‘failure to take reasonable efforts to identify the Defendant’ defence […]
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When a motorist is in breach of their insurance ICBC has the right to intervene in a lawsuit against them and settle any tort claims arising from a collision pursuant to the powers given to them under sections 76 and 77 of the Insurance (Vehicle) Act. ICBC is further given the power to recover the […]
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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This blog is authored by personal injury and ICBC Claims lawyer Erik Magraken. Use of the site and sending or receiving information through it does not establish a solicitor/client relationship. The views expressed and the content provided on this blog is for nonprofit educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. The use of this website does not create a solicitor-client (attorney-client) relationship. If you require legal advice, you should contact a lawyer directly.