Written by admin on . Posted in Uncategorized.
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 […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
(Update July 8, 2014 – the below decision was overturned on Appeal with the BC Court of Appeal finding there was no evidence to prove negligence on the motorists part) Reasons for judgement were released last week by the BC Supreme Court, Victoria Registry, dealing with the issue of fault following a collision caused by […]
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Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, dealing with the challenge of the use of “icbc” in a domain name not owned or operated by ICBC. In today’s case (ICBC v. Stainton Ventures Ltd.) ICBC alleged that the use of ‘icbc’ in a domain name used as a marketing […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
When a driver proceeds into the on-coming lane of travel to overtake another vehicle care must be taken. This is particularly so near intersections. Reasons for judgement were released yesterday by the BC Supreme Court, Vancouver, Registry, addressing fault for a collision arising in such circumstances. In yesterday’s case (Johel v. ICBC) the Plaintiff stopped […]
Written by admin on . Posted in BCSC Civil Rule 6, Civil Procedure, ICBC LVI (Low Velocity Impact) Cases, Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal addressing the ability of foreign insurers to rely on the s.103 limitation defence for no-fault accident benefits. By way of background, BC’s Financial Institutions Act requires out of Province vehicle insurers to sign a “Power of Attorney Undertaking” in essence promising to provide […]
Written by admin on . Posted in BCSC Civil Rule 3, Uncategorized.
Reasons for judgement were released last week by the BC Supreme Court, Victoria Registry, ordering ICBC to provide particulars in support of an allegation that the Plaintiff provided a wilfully false statement. In last week’s case (Biedermann v. ICBC) the Plaintiff was sued for damages following three motor vehicle collisions. ICBC refused to indemnify the […]
Written by admin on . Posted in BCSC Civil Rule 12, BCSC Civil Rule 22, Uncategorized.
If you purchase Theft of Fire Damage coverage from ICBC and need to take advantage of this insurance can ICBC force you to provide a statement under oath before processing your claim? The answer is yes and reasons for judgement were released this week by the BC Supreme Court, Nelson Registry, dealing with this area […]
Written by admin on . Posted in independent medical exams, Uncategorized.
Significant reasons for judgement were recently released by the Supreme Court of the UK stripping expert witnesses of their immunity from lawsuits in negligence. While this development is not binding in British Columbia it is noteworthy as the law in BC is often shaped or at least influenced by developments in other common law jurisdictions. The issue […]
Written by admin on . Posted in ICBC No-Fault (Part 7) Benefits, Uncategorized.
Two Judgements were recently released by the BC Supreme Court discussing the “harsh” reality of Part 7 Benefits Deductions in ICBC Injury Claims. As previously discussed, if you are entitled to receive Part 7 Benefits under your policy of insurance and don’t pursue these a Defendant who is responsible for injuring you in a BC Motor […]
Written by admin on . Posted in BCSC Civil Rule 1, BCSC Civil Rule 7, Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing the scope of both discovery of documents and examinations for discovery under the new Rules of Court. In today’s case (More Marine Ltd. v. Shearwater Marine Ltd) the Plaintiff companies sued the Defendant alleging the breach of marine insurance policies. […]