Written by ERIK MAGRAKEN on . Posted in BCSC Civil Rule 9.
In 2017 the BC Supreme Court awarded a litigant injured in a vehicle collision costs despite receiving a jury verdict far less than a pre-trial settlement offer from ICBC. The court concluded that if the Plaintiff was stripped of costs and ordered to pay ICBC’s costs the result would result in pyrrhic victory inconsistent with […]
Written by ERIK MAGRAKEN on . Posted in ICBC Spine Injury Cases.
Reasons for judgement were published today by the BC Supreme Court, New Westminster Registry, assessing damages for various injuries sustained in a collision including a L4-5 disc herniation with nerve root compression. In today’s case (Rahemtulla v. Sutton) the Plaintiff was involved in a 2013 collision that the Defendant accepted fault for. The crash resulted […]
Written by admin on . Posted in ICBC Chronic Pain Cases.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages of $140,000 for injuries leading to chronic pain following a vehicle collision. In today’s case (Ferguson v. Watt) the Plaintiff was involved in a 2013 collision caused by the Defendant. The Plaintiff suffered “injuries to her jaw, chest, thumbs and […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Jury Trials.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, ordering a Plaintiff to pay double costs to a Defendant after a jury dismissed her injury claim. In the recent case (Brar v. Ismail) the Plaintiff alleged injury following a collision and sued for damages. Prior to trial the Defendants offered […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archived judgments of judicial criticism of expert witness ‘advocacy’, reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, holding a defence expert witness report as inadmissible due to advocacy. In today’s case (Tathgur v. Dobson) the Plaintiff was injured in two separate vehicle collisions. Fault was admitted for […]
Written by admin on . Posted in BC Supreme Court Costs Cases.
Failing to beat a defence formal settlement offer at trial can bring serious financial consequences. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, demonstrating exactly this. In today’s case (Gill v. McChesney) the Plaintiff was injured in a vehicle collision and sued for damages. Prior to trial the Defendant […]
Written by admin on . Posted in Civil Procedure.
This week the BC Court of Appeal had the opportunity to decide if it is appropriate for a jury deciding fault for a crash in the context of a personal injury lawsuit can hear evidence that a motorist was issued a ticket by the police which was ultimately withdrawn before trial. Unfortunately the BC Court […]
Written by admin on . Posted in ICBC Soft Tissue Injury Cases.
Reasons for judgement were published today by the BC Supreme Court, New Westminster Registry, making critical findings in a personal injury claim. In today’s case (Nagaria v. Dhaliwal) the Plaintiff, a physician, was injured in a 2014 rear end collision. The Defendant admitted fault. The Plaintiff received little medical care following the crash instead relying […]
Written by admin on . Posted in ICBC Headache Cases, Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for injuries sustained in a vehicle collision. In the recent case (Moody v. Hejdanek) the Plaintiff was involved in a 2013 collision that the Defendant admitted fault for. The crash was significant resulting in the Plaintiff’s vehicle being written […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archived judgments of judicial criticism of expert witness ‘advocacy’, reasons for judgement were published today by the BC Supreme Court, Kelowna Registry, rejecting the testimony of a defense hired expert. In today’s case (Nagra v. Stapleton) the Plaintiff was involved in a 2014 collision that the Defendant admitted responsibility for. Despite […]